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OFFICIAL JOURNAL Messages from the House
OF THE
The following Messages from the House were received and read
SENATE as follows:
OF THE
Message from the House
STATE OF LOUISIANA
_______
CONCURRING IN
TWENTY-EIGHTH DAY'S PROCEEDINGS SENATE CONCURRENT RESOLUTIONS
_______
Thirtieth Regular Session of the Legislature May 19, 2004
Under the Adoption of the
Constitution of 1974 To the Honorable President and Members of the Senate:
_______
I am directed to inform your honorable body that the House of
Senate Chamber
State Capitol Representatives has finally concurred in the following Senate
Baton Rouge, Louisiana Concurrent Resolutions:
Wednesday, May 19, 2004 SENATE CONCURRENT RESOLUTION NO. 115—
BY SENATOR CRAVINS
The Senate was called to order at 1:30 o'clock P.M., by Hon. A CONCURRENT RESOLUTION
Donald E. Hines, President of the Senate. To honor the life of certified addictive disorders counselor Fredrick
"Fred" Hebert of Lafayette by designating a meeting room at the
ROLL CALL Louisiana Department of Health and Hospital's Office of
Addictive Disorders Clinic in Lafayette, Louisiana, in his honor.
The roll being called, the following members answered to their
names: Reported without amendments.
PRESENT Respectfully submitted,
ALFRED W. SPEER
Mr. President Ellington Lentini Clerk of the House of Representatives
Adley Fields Malone
Amedee Fontenot Marionneaux Privilege Report of the
Bajoie Gautreaux, B McPherson Legislative Bureau
Barham Gautreaux, N Michot
Boasso Hainkel Mount May 19, 2004
Boissiere Heitmeier Nevers
Chaisson Holden Romero To the President and Members of the Senate:
Cheek Hollis Schedler
Cravins Irons Smith I am directed by your Legislative Bureau to submit the following
Dardenne Jackson Theunissen report:
Duplessis Jones Ullo
Dupre Kostelka The following bills are approved as to construction and
Total—38 duplication. We advise and suggest the following amendments to the
ABSENT engrossed bills.
Cain HOUSE BILL NO. 471—
Total—1 BY REPRESENTATIVE MURRAY
AN ACT
The President of the Senate announced there were 38 Senators To amend and reenact R.S. 47:2110(A)(2)(i), relative to the ad
present and a quorum. valorem tax; to provide for the timely payment of taxes paid
under protest; and to provide for related matters.
Prayer
Reported without amendments.
The prayer was offered by Pastor Larry Bizette, following
which the Senate joined in pledging allegiance to the flag of the United HOUSE BILL NO. 593—
BY REPRESENTATIVES ALARIO AND SALTER AND SENATORS
States of America. HEITMEIER AND HINES
AN ACT
Reading of the Journal To amend and reenact R.S. 39:1537(6), relative to the risk
management program; to eliminate the requirement for
On motion of Senator Fontenot, the reading of the Journal was submission of a yearly cost comparison between commercial and
dispensed with and the Journal of yesterday was adopted. self-insurance lines of coverage; to provide for inclusion of
certain data comparisons in the annual report; to provide for an
Morning Hour effective date; and to provide for related matters.
895
Page 2 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
Reported with amendments. Reported without amendments.
LEGISLATIVE BUREAU AMENDMENTS HOUSE BILL NO. 1696 (Substitute for House Bill No. 1303 by
Representative Hammett)—
Amendments proposed by Legislative Bureau to Engrossed House BY REPRESENTATIVE HAMMETT
Bill No. 593 by Representative Alario AN ACT
To amend and reenact R.S. 47:1621(E) and 1624(A) and to enact R.S.
AMENDMENT NO. 1 47:115(C), relative to refunds and credits; to provide for certain
In Senate Committee Amendment No. 1 proposed by the Senate situations in which interest on refunds of overpayments will
Committee on Finance and adopted by the Senate on May 18, 2004, begin to accrue; to provide for the recovery of credits given for
on line 4, change "(i)" to "(a)" overpayments later deemed invalid; to provide for an effective
date; and to provide for related matters.
AMENDMENT NO. 2
In Senate Committee Amendment No. 1 proposed by the Senate Reported without amendments.
Committee on Finance and adopted by the Senate on May 18, 2004, Respectfully submitted,
on line 6, change "(ii)" to "(b)" ARTHUR J. "ART" LENTINI
Chairman
AMENDMENT NO. 3
In Senate Committee Amendment No. 1 proposed by the Senate Adoption of Legislative Bureau Report
Committee on Finance and adopted by the Senate on May 18, 2004,
on line 8, change "(iii)" to "(c)" On motion of Senator Lentini, the Legislative Bureau
amendments were adopted and the Bills and Joint Resolutions were
HOUSE BILL NO. 880— read by title and passed to a third reading.
BY REPRESENTATIVE HAMMETT
AN ACT Introduction of Resolutions,
To amend and reenact R.S. 47:1522, relative to the Department of Senate and Concurrent
Revenue; to authorize the secretary to enter into contracts to
conduct alternative dispute resolution to assist in the collection Senator Bajoie asked for and obtained a suspension of the rules
of any taxes, penalties, or interest due; to limit the total tax for the purpose of introducing and reading the following Resolutions,
liability subject to arbitration or mediation to five million dollars; Senate and Concurrent, a first and second time and acting upon them
to provide for an effective date; and to provide for related as follows:
matters.
SENATE RESOLUTION NO. 86—
Reported without amendments. BY SENATOR N. GAUTREAUX
A RESOLUTION
HOUSE BILL NO. 1115— To commend Vermilion Catholic High School on winning the Class
BY REPRESENTATIVE HAMMETT
1A State Football Championship.
AN ACT
To amend and reenact R.S. 47:1606, relative to the Department of The resolution was read by title; lies over under the rules.
Revenue; to authorize the Department of Revenue to assess a
distraint cost penalty; to provide for an effective date; and to SENATE RESOLUTION NO. 87—
provide for related matters. BY SENATOR DUPRE
A RESOLUTION
Reported without amendments. To commend the town of Golden Meadow upon being selected as
Louisiana's cleanest city within its population class.
HOUSE BILL NO. 1472—
BY REPRESENTATIVE MURRAY On motion of Senator Dupre, the resolution was read by title
AN ACT and adopted.
To amend and reenact R.S. 35:281, relative to the certain filings with
the board of assessors in Orleans Parish; to require taxpayers to SENATE RESOLUTION NO. 88—
notify the board of change; and to provide for related matters. BY SENATOR DARDENNE
A RESOLUTION
Reported without amendments. To recognize Wednesday, May 19, 2004, as Dental Hygiene Day and
to commend dental hygienists around the state for their
HOUSE BILL NO. 1575 (Substitute for HB No. 1219 by outstanding contributions to the oral health of citizens of the
Representative Hammett)— state of Louisiana.
BY REPRESENTATIVE HAMMETT
AN ACT On motion of Senator Dardenne, the resolution was read by title
To amend and reenact R.S. 47:1561.1(A), relative to the Department
and adopted.
of Revenue; to authorize the Department of Revenue to assess
certain costs in officer liability actions; to provide for an
effective date; and to provide for related matters.
896
28th DAY'S PROCEEDINGS Page 3 SENATE
May 19, 2004
SENATE CONCURRENT RESOLUTION NO. 116— I am directed to inform your honorable body that the House of
BY SENATOR MCPHERSON Representatives has finally passed and asks your concurrence in the
A CONCURRENT RESOLUTION following House Bills and Joint Resolutions:
To urge and request the commissioner of administration to study the
feasibility of delegating, through the office of facility planning HOUSE BILL NO. 161—
and control, all or a portion of the office's administrative BY REPRESENTATIVE FAUCHEUX
responsibilities regarding any capital outlay project AN ACT
appropriated to a non-state entity to the governing authority of To enact R.S. 13:2588, relative to justices of the peace; to authorize
the non-state entity, or to an agency of such governing justices of the peace to charge a fee for performing marriage
authority. ceremonies; to establish a maximum fee which justices of the
peace may charge for performing marriage ceremonies; and to
The resolution was read by title. Senator McPherson moved to provide for related matters.
adopt the Senate Concurrent Resolution.
HOUSE BILL NO. 208—
BY REPRESENTATIVE GALLOT
ROLL CALL
AN ACT
To enact R.S. 33:1704.5, relative to the City Court of Ruston; to
The roll was called with the following result:
increase the fees that the office of marshal is entitled to charge
for services provided in civil matters; and to provide for related
YEAS
matters.
Mr. President Ellington McPherson
Fontenot Michot HOUSE BILL NO. 950—
Adley BY REPRESENTATIVE GALLOT
Amedee Gautreaux, B Mount AN ACT
Barham Hainkel Nevers To amend and reenact R.S. 38:2862, 2866, 2868, 2869(3), (4), and
Boasso Holden Romero (10)(introductory paragraph) and (d) and (g), and 2870 and to
Boissiere Hollis Smith repeal R.S. 38:2869(10)(e), relative to the Claiborne Parish
Chaisson Irons Theunissen Watershed District; to provide relative to the purposes of the
Dardenne Jones Ullo district; to provide relative to the board of commissioners of the
Duplessis Kostelka district; to provide relative to qualifications, term limits, and
Dupre Malone removal of board members; to provide relative to the powers of
Total—28 the board; to provide relative to rules and regulations
NAYS promulgated by the board and the enforcement thereof; to
provide relative to civil service status of employees; to provide
Total—0 for violations and penalties; and to provide for related matters.
ABSENT
HOUSE BILL NO. 1193—
Bajoie Fields Lentini BY REPRESENTATIVE K. CARTER
Cain Gautreaux, N Marionneaux AN ACT
Cheek Heitmeier Schedler To enact Chapter 15 of Title 23 of the Louisiana Revised Statutes of
Cravins Jackson 1950, to be comprised of R.S. 23:3001 through 3004, relative to
Total—11 wages; to create the Equal Pay Commission; to provide for its
membership; to provide for meetings; to provide for findings and
The Chair declared the Senate had adopted the Senate recommendations; to provide for the termination of the
Concurrent Resolution and ordered it sent to the House. commission; and to provide for related matters.
Messages from the House HOUSE BILL NO. 1413—
BY REPRESENTATIVE TOOMY
AN ACT
The following Messages from the House were received and read
To amend and reenact R.S. 16:51(A)(1), (2), (4), (7), (16), (17), (19),
as follows:
(22), (23), (24), (26), (32), (36), and (41), relative to assistant
district attorneys; to provide for additional assistant district
Message from the House attorney s for certain judicial districts; to provide for
effectiveness; and to provide for related matters.
ASKING CONCURRENCE IN
HOUSE BILLS AND JOINT RESOLUTIONS HOUSE BILL NO. 1610—
BY REPRESENTATIVES MORRISH AND WALSWORTH
May 19, 2004 AN ACT
To enact R.S. 22:228.8 and R.S. 42:802(C), relative to health
To the Honorable President and Members of the Senate: insurance; to authorize the Office of Group Benefits and
political subdivisions of the state to establish health savings
accounts and other similar accounts as authorized by federal law;
to authorize political subdivisions of the state to contribute
897
Page 4 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
funds toward such accounts; to provide relative to the uses of HOUSE BILL NO. 1193—
such accounts; and to provide for related matters. BY REPRESENTATIVE K. CARTER
AN ACT
HOUSE BILL NO. 1660— To enact Chapter 15 of Title 23 of the Louisiana Revised Statutes of
BY REPRESENTATIVES BROOME, JACKSON, AND DANIEL 1950, to be comprised of R.S. 23:3001 through 3004, relative to
AN ACT wages; to create the Equal Pay Commission; to provide for its
To amend and reenact the heading of Part II of Chapter 27 of Title membership; to provide for meetings; to provide for findings and
33 of the Louisiana Revised Statutes of 1950 and R.S. recommendations; to provide for the termination of the
33:9038.1(3), relative to cooperative economic development and commission; and to provide for related matters.
tax increment financing; to change population restrictions in the
definition of a local governmental subdivision to which certain The bill was read by title; lies over under the rules.
provisions are applicable; and to provide for related matters.
HOUSE BILL NO. 1413—
Respectfully submitted, BY REPRESENTATIVE TOOMY
ALFRED W. SPEER AN ACT
Clerk of the House of Representatives To amend and reenact R.S. 16:51(A)(1), (2), (4), (7), (16), (17), (19),
(22), (23), (24), (26), (32), (36), and (41), relative to assistant
district attorneys; to provide for additional assistant district
House Bills and Joint Resolutions
att orneys for certain judicial districts; to provide for
on First Reading effectiveness; and to provide for related matters.
The following House Bills and Joint Resolutions were read a The bill was read by title; lies over under the rules.
first time by their titles and placed on the Calendar for their second
reading: HOUSE BILL NO. 1610—
BY REPRESENTATIVES MORRISH AND WALSWORTH
HOUSE BILL NO. 161— AN ACT
BY REPRESENTATIVE FAUCHEUX To enact R.S. 22:228.8 and R.S. 42:802(C), relative to health
AN ACT insurance; to authorize the Office of Group Benefits and
To enact R.S. 13:2588, relative to justices of the peace; to authorize
political subdivisions of the state to establish health savings
justices of the peace to charge a fee for performing marriage accounts and other similar accounts as authorized by federal law;
ceremonies; to establish a maximum fee which just ices of the to authorize political subdivisions of the state to contribute
peace may charge for performing marriage ceremonies; and to funds toward such accounts; to provide relative to the uses of
provide for related matters. such accounts; and to provide for related matters.
The bill was read by title; lies over under the rules. The bill was read by title; lies over under the rules.
HOUSE BILL NO. 208—
BY REPRESENTATIVE GALLOT HOUSE BILL NO. 1660—
BY REPRESENTATIVES BROOME, JACKSON, AND DANIEL
AN ACT AN ACT
To enact R.S. 33:1704.5, relative to the City Court of Ruston; to To amend and reenact the heading of Part II of Chapter 27 of Title
increase the fees that the office of marshal is entitled to charge 33 of the Louisiana Revised Statutes of 1950 and R.S.
for services provided in civil matters; and to provide for related 33:9038.1(3), relative to cooperative economic development and
matters. tax increment financing; to change population restrictions in the
definition of a local governmental subdivision to which certain
The bill was read by title; lies over under the rules. provisions are applicable; and to provide for related matters.
HOUSE BILL NO. 950— The bill was read by title; lies over under the rules.
BY REPRESENTATIVE GALLOT
AN ACT
To amend and reenact R.S. 38:2862, 2866, 2868, 2869(3), (4), and House Bills and Joint Resolutions
(10)(introductory paragraph) and (d) and (g), and 2870 and to to be Referred to the Legislative Bureau
repeal R.S. 38:2869(10)(e), relative to the Claiborne Parish
Watershed District; to provide relative to the purposes of the The following House Bills and Joint Resolutions were read and
district; to provide relative to the board of commissioners of the referred to the Legislative Bureau.
district; to provide relative to qualifications, term limits, and
removal of board members; to provide relative to the powers of HOUSE BILL NO. 1039—
the board; to provide relative to rules and regulations BY REPRESENTATIVE MONTGOMERY
promulgated by the board and the enforcement thereof; to AN ACT
provide relative to civil service status of employees; to provide To amend and reenact R.S. 27:52(2)(g) and to enact Chapter 5-A of
for violations and penalties; and to provide for related matters. Title 3 of the Louisiana Revised Statutes of 1950, to be
comprised of R.S. 3:560.1 through 560.3, relative to Louisiana
The bill was read by title; lies over under the rules. agricultural development; to provide for definitions; to prohibit
limitations on agricultural and aquacultural markets; to provide
898
28th DAY'S PROCEEDINGS Page 5 SENATE
May 19, 2004
relative to the Riverboat Gaming Commission; and to provide AMENDMENT NO. 16
for related matters. On page 2, line 24, change "of Louisiana shall" to "may"
Floor Amendments Sent Up AMENDMENT NO. 17
On page 2, lines 25 and 26, delete "or aquacultural"
Senator Smith sent up floor amendments which were read.
AMENDMENT NO. 18
SENATE FLOOR AMENDMENTS On page 2, lines 26 and 27, delete "R.S. 27:52(2)(g)." and insert in
lieu thereof the following: "Title 27 of the Louisiana Revised Statutes
Conforming Amendments proposed by Senator Smith to Engrossed of 1950."
House Bill No. 1039 by Representative Montgomery (Duplicate of
Senate Bill No. 348)
AMENDMENT NO. 19
AMENDMENT NO. 1 On page 2, line 28, change "Section" to "Chapter"
On page 1, line 2, change "5-A" to "3-C"
AMENDMENT NO. 20
AMENDMENT NO. 2 On page 3, line 8, change "3:560.2," to "3:285,"
On page 1, line 3, change "3:560.1 through 560.3;" to "3:284 through
286;" AMENDMENT NO. 21
On page 3, line 9, between "riverboat" and "come" insert a comma ","
AMENDMENT NO. 3
On page 1, line 8, change "5-A" to "3-C" On motion of Senator Smith, the amendments were adopted.
AMENDMENT NO. 4 Under the provisions of Joint Rule No. 5, the amended bill,
On page 1, line 9, change "3:560.1 through 560.3;" to "3:284 through which is a duplicate of Senate Bill No. 348, was read by title and
286," referred to the Legislative Bureau.
AMENDMENT NO. 5 Messages from the House
On page 1, line 10, change "5-A" to "3-C"
The following Messages from the House were received and read
AMENDMENT NO. 6 as follows:
On page 1, line 11, change "560.1." to "284."
Message from the House
AMENDMENT NO. 7
On page 1, line 14, delete "Louisiana's" ASKING CONCURRENCE IN
HOUSE CONCURRENT RESOLUTIONS
AMENDMENT NO. 8
On page 1, line 15, change "the agriculture and aquaculture" to "these" May 19, 2004
AMENDMENT NO. 9 To the Honorable President and Members of the Senate:
On page 1, line 19, change "560.2." to "285."
I am directed to inform your honorable body that the House of
AMENDMENT NO. 10 Representatives has finally passed and asks your concurrence in the
On page 2, line 4, change "poultry products," to "poultry and following House Concurrent Resolutions:
poultry products,"
HOUSE CONCURRENT RESOLUTION NO. 199—
AMENDMENT NO. 11 BY REPRESENTATIVES WINSTON, BAUDOIN, BOWLER,
BROOME, BRUCE, CARTER, DARTEZ, DOERGE, DORSEY,
On page 2, line 8, after "means a" delete the remainder of the line and DURAND, GRAY, HUTTER, JEFFERSON, KATZ, MARCHAND,
insert "legal entity" JANE SMITH, ST. GERMAIN, AND WALKER AND SENATORS
BAJOIE, CHEEK, DUPLESSIS, IRONS, JACKSON, AND MOUNT
AMENDMENT NO. 12 A CONCURRENT RESOLUTION
To commend Sue Donohoe, a native of Pineville and vice president
On page 2, line 9, delete "or limited liability corporation"
for Division I Women's Basketball at the National Collegiate
AMENDMENT NO. 13 Athletic Association (NCAA) national office.
On page 2, line 16, delete "or aquacultural"
HOUSE CONCURRENT RESOLUTION NO. 200—
BY REPRESENTATIVE FRITH
AMENDMENT NO. 14 A CONCURRENT RESOLUTION
On page 2, line 18, change "location" to "entity" To recognize Wednesday, May 19, 2004, as Tourism Awareness
Day.
AMENDMENT NO. 15
On page 2, line 23, change "560.3." to "286."
899
Page 6 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
Respectfully submitted, The resolution was read by title. Senator Theunissen moved to
ALFRED W. SPEER concur in the House Concurrent Resolution.
Clerk of the House of Representatives
ROLL CALL
House Concurrent Resolutions
The roll was called with the following result:
Senator Bajoie asked for and obtained a suspension of the rules
to take up at this time the following House Concurrent Resolutions YEAS
just received from the House which were taken up, read a first and
second time by their titles and acted upon as follows: Mr. President Dupre Marionneaux
Adley Ellington McPherson
HOUSE CONCURRENT RESOLUTION NO. 199— Amedee Fontenot Michot
BY REPRESENTATIVES WINSTON, BAUDOIN, BOWLER, Bajoie Gautreaux, B Mount
BROOME, BRUCE, CARTER, DARTEZ, DOERGE, DORSEY,
DURAND, GRAY, HUTTER, JEFFERSON, KATZ, MARCHAND, Barham Hainkel Nevers
JANE SMITH, ST. GERMAIN, AND WALKER AND SENATORS Boasso Holden Romero
BAJOIE, CHEEK, DUPLESSIS, IRONS, JACKSON, AND MOUNT
Boissiere Hollis Smith
A CONCURRENT RESOLUTION
Chaisson Irons Theunissen
To commend Sue Donohoe, a native of Pineville and vice president Cravins Jones Ullo
for Division I Women's Basketball at the National Collegiate
Dardenne Kostelka
Athletic Association (NCAA) national office.
Duplessis Malone
Total—31
The resolution was read by title. Senator Hainkel moved to
NAYS
concur in the House Concurrent Resolution.
Total—0
ROLL CALL ABSENT
The roll was called with the following result: Cain Gautreaux, N Lentini
Cheek Heitmeier Schedler
YEAS Fields Jackson
Total—8
Mr. President Ellington Marionneaux
Adley Fontenot McPherson The Chair declared the Senate had concurred in the House
Amedee Gautreaux, B Michot Concurrent Resolution and ordered it returned to the House.
Barham Hainkel Mount
Boasso Holden Nevers
House Bills and Joint Resolutions
Boissiere Hollis Romero
Cravins Irons Smith on Second Reading to be Referred
Dardenne Jones Theunissen
Duplessis Kostelka Ullo The following House Bills and Joint Resolutions were read by
Dupre Malone title and referred to committees as follows:
Total—29
NAYS HOUSE BILL NO. 61—
BY REPRESENTATIVES SCALISE, CROWE, ALEXANDER BADON,
BURNS, ERDEY, FAUCHEUX, FLAVIN, FRITH, GEYMANN, JOHNS,
Total—0 LABRUZZO, T. POWELL, SMILEY, JANE SMITH, JOHN SMITH,
AND WALKER AND SENATORS CAIN, MICHOT, AND
ABSENT THEUNISSEN
A JOINT RESOLUTION
Bajoie Fields Lentini Proposing an amendment to the Constitution of Louisiana, to enact
Cain Gautreaux, N Schedler Article I, Section 27, relative to marriage; to provide for valid
Chaisson Heitmeier and recognized marriages; to provide for the legal incidents of
Cheek Jackson marriage; to provide for submission of the proposed amendment
Total—10 to the electors; and to provide for related matters.
The Chair declared the Senate had concurred in the House On motion of Senator Bajoie, the bill was read by title and
Concurrent Resolution and ordered it returned to the House. referred to the Committee on Judiciary A.
HOUSE CONCURRENT RESOLUTION NO. 200— HOUSE BILL NO. 185—
BY REPRESENTATIVE FRITH BY REPRESENTATIVE GRAY
A CONCURRENT RESOLUTION AN ACT
To recognize Wednesday, May 19, 2004, as Tourism Awareness To amend and reenact Children's Code Articles 804(7), 832, 834, 835,
Day. 837, and 838 and to enact Children's Code Article 730(9),
relative to juvenile delinquency proceedings; to provide for
definitions; to provide relative to the appointment of members
900
28th DAY'S PROCEEDINGS Page 7 SENATE
May 19, 2004
of the sanity commission; to provide for requirements relative HOUSE BILL NO. 907—
to the report of the sanity commission; to provide with respect BY REPRESENTATIVE HUNTER
to procedures after a determination has been made regarding AN ACT
mental incapacity to proceed; to provide for procedures to be To amend and reenact R.S. 23:1034.2(C), relative to workers'
used when such capacity is regained; to provide for the grounds compensation medical reimbursement schedule; to allow the
of a family in need of services proceeding; and to provide for director to collect charge information; to provide for guidelines;
related matters. to provide for confidentiality; to provide for penalties; and to
provide for related matters.
On motion of Senator Bajoie, the bill was read by title and
referred to the Committee on Judiciary B. On motion of Senator Bajoie, the bill was read by title and
referred to the Committee on Labor and Industrial Relations.
HOUSE BILL NO. 310—
BY REPRESENTATIVE HEBERT HOUSE BILL NO. 948—
AN ACT BY REPRESENTATIVE T. POWELL
To amend and reenact R.S. 22:3103, 3104, 3105, 3108(B)(2) and (3), AN ACT
and 3112(5), to enact R.S. 22:3102(4) and 3112(14) and (15), To amend and reenact R.S. 33:1704.2(C), relative to the marshal of
and to repeal R.S. 22:231(H) and 236(10), relative to the the city of Hammond; to authorize the marshal to use fees of
Louisiana Safety Net Health Insurance Program; to transfer office to defray operational expenses of his office; and to
administration and oversight of the program from the Louisiana provide for related matters.
Health Plan to the Department of Insurance; to provide with
respect to eligibility, plan of operation, producer requirements, On motion of Senator Bajoie, the bill was read by title and
minimal benefit hospital and medical policy provisions, and referred to the Committee on Local and Municipal Affairs.
definitions; and to provide for related matters.
HOUSE BILL NO. 955—
BY REPRESENTATIVES DURAND, DARTEZ, FRITH, ROMERO,
On motion of Senator Bajoie, the bill was read by title and AND JACK SMITH AND SENATORS HINES AND ROMERO
referred to the Committee on Insurance. AN ACT
To amend and reenact R.S. 40:2267.4 and to enact R.S. 40:2267,
HOUSE BILL NO. 441— relative to the Acadiana Criminalistics Laboratory District; to
BY REPRESENTATIVE GALLOT create the district as a taxing district for the purposes of funding
AN ACT the criminalistics laboratory within the district; to provide for
To amend and reenact R.S. 42:284(B), relative to local finance; to the governing body and boundaries of the district; to provide for
provide relative to the requirement that certain parish officials the power to levy and collect taxes subject to approval of the
and entities submit expenditure reports to the parish governing voters of the district; to provide for additional powers of the
authority and clerk of court; to exempt parish sheriffs from Acadiana Criminalistics Laboratory Commission; and to provide
certain requirements; and to provide for related matters. for related matters.
On motion of Senator Bajoie, the bill was read by title and On motion of Senator Bajoie, the bill was read by title and
referred to the Committee on Local and Municipal Affairs. referred to the Committee on Local and Municipal Affairs.
HOUSE BILL NO. 448—
BY REPRESENTATIVE HEBERT HOUSE BILL NO. 972—
BY REPRESENTATIVE WALKER
AN ACT AN ACT
To enact R.S. 22:230.6, relative to health insurance; to provide for To amend and reenact Code of Civil Procedure Article 4843(E)(1) and
continuity of health care services under limited circumstances; to enact Code of Civil Procedure Article 4843(L), relative to the
and to provide for related matters. jurisdiction of certain city courts; to increase the jurisdictional
amount in dispute for the City Court of Bunkie and the City
On motion of Senator Bajoie, the bill was read by title and Court of Marksville; and to provide for related matters.
referred to the Committee on Insurance.
On motion of Senator Bajoie, the bill was read by title and
HOUSE BILL NO. 823— referred to the Committee on Judiciary A.
BY REPRESENTATIVE MURRAY
AN ACT
To amend and reenact R.S. 23:1034.2(F) as amended by Act 454 of HOUSE BILL NO. 1065—
BY REPRESENTATIVE WALSWORTH
the 1989 Regular Session, and to repeal R.S. 23:1034.2(F) as AN ACT
amended by Act 25 of the 1989 Regular Session relative to To amend and reenact R.S. 29:381, 385(A) and (C), and 386 and R.S.
payment for workers' compensation medical benefits;to provide 36:781(B), relative to the Department of Veterans' Affairs; to
for medical benefits; to provide with respect to reimbursement provide for certain facilities for war veterans operated by the
schedule; to provide for consolidation; to provide for venue; and department; to change the name of such facilities; and to provide
to provide for related matters. for related matters.
On motion of Senator Bajoie, the bill was read by title and On motion of Senator Bajoie, the bill was read by title and
referred to the Committee on Labor and Industrial Relations. referred to the Committee on Senate and Governmental Affairs.
901
Page 8 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
HOUSE BILL NO. 1119— O n motion of Senator Bajoie, the bill was read by title and
BY REPRESENTATIVE MONTGOMERY referred to the Committee on Local and Municipal Affairs.
AN ACT
To enact R.S. 33:2551.1, relative to the municipal fire and police civil HOUSE BILL NO. 1432—
service; to provide with respect to promotional employment BY REPRESENTATIVE THOMPSON
lists of certain municipal fire and police civil service boards; and AN ACT
to provide for related matters. To amend and reenact R.S. 39:1217.1, relative to public contracts for
local depositing authorities; to delete certain exemptions for
On motion of Senator Bajoie, the bill was read by title and local depositing authorities located in a parish or municipality
referred to the Committee on Local and Municipal Affairs. with a population of less than one hundred thousand; to provide
for an effective date; and to provide for related matters.
HOUSE BILL NO. 1150—
BY REPRESENTATIVE MONTGOMERY On motion of Senator Bajoie, the bill was read by title and
AN ACT referred to the Committee on Local and Municipal Affairs.
To enact Paragraph 21(k) of Article XIV, Section 15.1 of the
Louisiana Constitution of 1921, made statutory by Article X, HOUSE BILL NO. 1445—
Section 18 of the Louisiana Constitution of 1974, and R.S. BY REPRESENTATIVE JACK SMITH
33:2491.3, relative to the municipal fire and police civil service; AN ACT
to provide with respect to promotional employment lists of To amend and reenact R.S. 40:2616(A)(1), relative to forfeited
municipal fire and police civil service boards; to provide an property; to authorize the sale of forfeited property by a
exception to Article XIV, Section 15.1, Paragraph 21 of the licensed auctioneer; and to provide for related matters.
Louisiana Constitution of 1921, made statutory by the
provisions of Article X, Section 18 of the Louisiana On motion of Senator Bajoie, the bill was read by title and
Constitution of 1974; and to provide for related matters. referred to the Committee on Judiciary C.
On motion of Senator Bajoie, the bill was read by title and HOUSE BILL NO. 1568—
referred to the Committee on Local and Municipal Affairs. BY REPRESENTATIVE TOWNSEND
AN ACT
HOUSE BILL NO. 1239— To enact R.S. 13:996.22.1, relative to judicial expense funds of
BY REPRESENTATIVE DOWNS district courts; to increase the amounts allocated to the funds
AN ACT from the disposition of certain criminal cases; to provide for
To enact Subpart B-34 of Part IV of Chapter 1 of Title 33 of the applicability to judicial district courts with a territorial
Louisiana Revised Statutes of 1950, to be comprised of R.S. jurisdiction that is coterminous with any parish with a
33:130.621.1, to create the Union Parish Railroad District; to population of between thirty-nine thousand and forty thousand
provide relative to the purpose and boundaries of the district; to five hundred; and to provide for related matters.
provide relative to the governance, powers, and duties of the
district; and to provide for related matters. On motion of Senator Bajoie, the bill was read by title and
referred to the Committee on Judiciary C.
On motion of Senator Bajoie, the bill was read by title and
referred to the Committee on Local and Municipal Affairs. HOUSE BILL NO. 1583—
BY REPRESENTATIVE GRAY
HOUSE BILL NO. 1325— AN ACT
BY REPRESENTATIVE MURRAY To enact R.S. 40:506(D), relative to termination of tenancy by local
AN ACT housing authorities; to prohibit a local housing authority from
To amend and reenact R.S. 39:1303(A), 1307(A), and terminating the tenancy of a household or a resident or
1311(A)(introductory paragraph), relative to budgetary terminating any other assistance provided by the authority
procedures for political subdivisions; to provide for the under certain circumstances; to provide relative to guests and
applicability of certain requirements for public participation in invitees; to provide relative to definitions; and to provide for
the budgetary process; to provide for the applicability of certain related matters.
requirements related to budgetary authority and control; and to
provide for related matters. On motion of Senator Bajoie, the bill was read by title and
referred to the Committee on Local and Municipal Affairs.
On motion of Senator Bajoie, the bill was read by title and
referred to the Committee on Local and Municipal Affairs. HOUSE BILL NO. 1603—
BY REPRESENTATIVES MARCHAND AND MURRAY
HOUSE BILL NO. 1414— AN ACT
BY REPRESENTATIVE CROWE To enact R.S. 40:1262, relative to smoking; to prohibit smoking in the
AN ACT Senator Nat G. Kiefer University of New Orleans Lakefront
To amend and reenact R.S. 38:1674.16(D)(2), relative to drainage Arena; and to provide for related matters.
districts in St. Tammany Parish; to authorize an increase in the
additional maintenance and operation tax levied by the St. On motion of Senator Bajoie, the bill was read by title and
Tammany Parish Drainage Dis trict No. 4; and to provide for referred to the Committee on Health and Welfare.
related matters.
902
28th DAY'S PROCEEDINGS Page 9 SENATE
May 19, 2004
HOUSE BILL NO. 1605— HOUSE CONCURRENT RESOLUTION NO. 14—
BY REPRESENTATIVE DANIEL BY REPRESENTATIVE TUCKER
AN ACT A CONCURRENT RESOLUTION
To amend and reenact R.S. 18:441, 551(D), and 1461(A)(6), relative To express that the intent of the Louisiana Legislature in enacting Act
to political parties; to provide for recognition of certain political No. 351 of the 2003 Regular Session, relative to creating a
parties; to provide for procedures to object to recognition of flexible rating process for property and casualty insurance rates,
certain political parties; to prohibit certain parties from being was to restrict any one insurance company to cumulatively
recognized; to provide relative to the application of provisions increasing such rates by not more than ten percent in any
of law relative to state central committees and parish executive twelve-month period follow ing January 1, 2004, using such
committees; to provide for certain party affiliations to appear on flexible rating process.
the ballot with candidates' names; to provide for penalties for
deceiving or misinforming a voter relative to matters involving Reported favorably.
party affiliation; and to provide for related matters.
HOUSE BILL NO. 344—
On motion of Senator Bajoie, the bill was read by title and BY REPRESENTATIVE K. CARTER
referred to the Committee on Senate and Governmental Affairs. AN ACT
To amend and reenact R.S. 22:215(A)(3)(introductory paragraph) and
HOUSE BILL NO. 1655— (g), 244, 245(A), and 246(introductory paragraph), (1), (4), (5),
BY REPRESENTATIVE BOWLER (6), and (7) and to enact R.S. 22:215(A)(3)(h), 246(10) and (11),
AN ACT and 246.1, relative to health insurance; to provide with respect
To enact R.S. 42:267 and to repeal R.S. 14:316, relative to naming to pilot health insurance programs established by the
public buildings and certain other public property in honor of a Department of Insurance, including LaChoice; to provide for
living person; to remove criminal penalties for violation of the criteria for such pilot programs; and to provide for related
prohibition on naming such buildings or property in honor of a matters.
living person; to provide for the enforcement of the prohibition
and of provisions requiring changing the name and removing Reported favorably.
evidence of the name; and to provide for related matters.
HOUSE BILL NO. 986—
On motion of Senator Bajoie, the bill was read by title and BY REPRESENTATIVE HEBERT
referred to the Committee on Senate and Governmental Affairs. AN ACT
To amend and reenact R.S. 22:250.2(E)(2)(b) and (c), 250.11(E), and
250.15(A) and to enact R.S. 22:250.4(F), relative to standards
Reports of Committees for health benefits for mothers and newborns; to provide with
The following reports of committees were received and read: respect to coverage of a newborn child; and to provide for
related matters.
REPORT OF COMMITTEE ON
Reported favorably.
INSURANCE HOUSE BILL NO. 1211—
BY REPRESENTATIVE SHEPHERD
Senator Cain, Chairman on behalf of the Committee on AN ACT
Insurance, submitted the following report: To amend and reenact R.S. 22:215.14(A) and to enact R.S.
22:215.14(E), relative to health insurance; to provide that
May 19, 2004 coverage of childhood immunizations shall not be subject to any
deductible; and to provide for related matters.
To the President and Members of the Senate:
Reported with amendments.
I am directed by your Committee on Insurance to submit the
following report: HOUSE BILL NO. 1439—
BY REPRESENTATIVES DOWNS AND SALTER
SENATE BILL NO. 73— AN ACT
BY SENATOR MCPHERSON To amend and reenact R.S. 22:1194.2(A), relative to the Louisiana
AN ACT Consortium of Insurance and Financial Services; to provide for
To enact R.S. 22:250.43(C), relative to health insurance coverage; to appointment of board members; to provide for legislative
provide with respect to the dental patient's option to choose appointments; and to provide for related matters.
services regardless of insurance coverage under specific
circumstances; and to provide for related matters. Reported favorably.
Reported with amendments. Respectfully submitted,
JAMES DAVID CAIN
Chairman
REPORT OF COMMITTEE ON
903
Page 10 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
COMMERCE, CONSUMER PROTECTION AND Reported with amendments.
INTERNATIONAL AFFAIRS
HOUSE BILL NO. 189—
BY REPRESENTATIVES WINSTON, KATZ, LABRUZZO, WADDELL
Senator Hollis, Chairman on behalf of the Committee on AND BRUCE AND SENATOR BAJOIE
Commerce, Consumer Protection and International Affairs, submitted AN ACT
the following report: To enact R.S. 45:844.12(4)(i) and (j), relative to telephone
solicitation; to exempt calls from optometrists, dentists, and
May 19, 2004 chiropractic physicians to their patients from definition of
solicitation; to exempt calls from veterinarians to their clients
To the President and Members of the Senate: from definition of solicitation; and to provide for related matters.
I am directed by your Committee on Commerce, Consumer Reported favorably.
Protection and International Affairs to submit the following report:
HOUSE BILL NO. 447—
SENATE CONCURRENT RESOLUTION NO. 44— BY REPRESENTATIVE PINAC
BY SENATOR DUPLESSIS AN ACT
A CONCURRENT RESOLUTION To amend and reenact R.S. 6:969.18(A), relative to documentation
To memorialize the Congress of the United States to authorize state fees authorized under the Motor Vehicle Sales Finance Act; to
and national banks to participate in lotteries and related clarify the types of persons who can properly charge
activities for charitable purposes. documentation fees; and to provide for related matters.
Reported favorably. Reported favorably.
SENATE BILL NO. 774— HOUSE BILL NO. 552—
BY SENATOR HOLLIS BY REPRESENTATIVE PINAC
AN ACT AN ACT
To amend and reenact R.S. 34:29, relative to the Port of New To amend and reenact R.S. 32:778(B) and 1254(N)(1)(d), relative to
Orleans; to increase the total bonded indebtedness of the Board warranty and repair services on school buses; to provide that
of Commissioners of the Port of New Orleans; and to provide school bus warranty and repair services may be performed by
for related matters. certain heavy truck dealers; and to provide for related matters.
Reported with amendments. Reported with amendments.
SENATE BILL NO. 819— HOUSE BILL NO. 553—
BY SENATOR MARIONNEAUX BY REPRESENTATIVE PINAC
AN ACT AN ACT
To enact R.S. 51:922.1, relative to the department of economic To amend and reenact R.S. 32:1252(10) and 1254(N)(1)(a) and to
development; to require any person, firm, or corporation enact R.S. 32:1254.1(D), relative to motor vehicles; to revise the
receiving direct equity investment from the state to post a bond definition of "franchise"; to provide for the effect of enactments
or other security; to allow the department to promulgate rules and rules on licensees; to provide relative to warranty and sales
and regulations; and to provide for related matters. incentive audits; and to provide for related matters.
Reported favorably. Reported favorably.
SENATE BILL NO. 845— HOUSE BILL NO. 1253—
BY SENATOR FONTENOT BY REPRESENTATIVES PINAC, CROWE, DOERGE, FLAVIN,
AN ACT FRIT H, JACKSON, MARCHAND, H. POWELL, RITCHIE,
SHEPHERD, GARYSMITH, STRAIN, TRAHAN, WADDELL, WHITE,
To amend and reenact R.S. 51:2453(4), relative to the Louisiana AND WINSTON
Quality Jobs Programs Act; to expand the definition of "new AN ACT
direct job" to include an employer's contractors; and to provide To enact R.S. 32:1254(N)(3)(k), relative to motor vehicle dealer
for related matters. disclosure; to provide relative to dealer participation in finance
charges; and to provide for related matters.
Reported with amendments.
Reported favorably.
SENATE BILL NO. 858—
BY SENATORS KOSTELKA AND MICHOT AND REPRESENTATIVE
WALSWORTH HOUSE BILL NO. 1557—
BY REPRESENTATIVE MARCHAND
AN ACT
AN ACT
To enact R.S. 51:2453(1)(a)(i)(dd), relative to the Louisiana Quality
To enact R.S. 51:1423, relative to unfair or deceptive acts or
Jobs Program; to provide for participation in the program for
practices; to provide for boilers at commercial laundromats; to
certain small Vision 2020 cluster businesses; and to provide for
provide for minimum water temperature for hot water in
related matters.
washing machines at commercial laundromats; to provide for
904
28th DAY'S PROCEEDINGS Page 11 SENATE
May 19, 2004
enforcement; to provide for rules and regulations; and to provide AMENDMENT NO. 1
for related matters. On page 1, line 16, after "spouse" and before the period "." insert "as
a result of the injury or the death of the injured person
Reported with amendments.
AMENDMENT NO. 2
Respectfully submitted, On page 2, line 5, after "sisters" insert "of the deceased"
KEN HOLLIS
Chairman On motion of Senator Lentini, the committee amendment was
adopted. The amended bill was read by title and ordered engrossed
Senate Bills and Joint Resolutions and passed to a third reading.
on Second Reading
SENATE BILL NO. 339—
Reported by Committees BY SENATOR HAINKEL
AN ACT
The following Senate Bills and Joint Resolutions reported by To amend and reenact Civil Code Arts. 571 and 573; relative to
Committees were taken up and acted upon as follows: usufructs; to provide relative to the form of security on
property subject to the usufruct; and to provide for related
SENATE BILL NO. 221— matters.
BY SENATOR CRAVINS
AN ACT
Reported with amendments by the Committee on Judiciary A.
To enact Code of Criminal Procedure Art.905.5.2, relative to
imposition of the death penalty; to prohibit imposition of the
SENATE COMMITTEE AMENDMENTS
death penalty for a juvenile offender convicted of a capital
offense when the offense for which he was convicted occurred
Amendments proposed by Senate Committee on Judiciary A to
prior to his eighteenth birthday; and to provide for related
Original Senate Bill No. 339 by Senator Hainkel
matters.
Reported with amendments by the Committee on Judiciary B. AMENDMENT NO. 1
On page 1, line 2, after "573" change the semicolon ";" to "and to
repeal Code of Civil Procedure Art. 3154.1,"
SENATE COMMITTEE AMENDMENTS
AMENDMENT NO. 2
Amendments proposed by Senate Committee on Judiciary B to
On page 1, line 3, after the word and semi colon "usufruct;" insert "to
Original Senate Bill No. 221 by Senator Cravins
prohibit dispensingwith security for certain testamentary usufructs;"
AMENDMENT NO. 1
AMENDMENT NO. 3
On page 1, line 5, change "eighteenth" to "seventeenth"
On page 1, delete lines 16 and 17 and insert in lieu thereof:
"Security may be dispensed with by the grantor of the usufruct
AMENDMENT NO. 2
or by operation of law when a person has a legal usufruct under
On page 1, line 12, change "eighteen" to "seventeen"
Civil Code Article 223 or 3252.
Security is dispensed with by operation of law whe n a
On motion of Senator Marionneaux, the committee amendment
surviving spouse has a legal usufruct under Civil Code Article
was adopted. The amended bill was read by title and ordered
890, unless the naked owner is not a child of the usufructuary
engrossed and passed to a third reading.
or unless the naked owner, although a child of the
usufructuary, is a forced heir of the decedent. In the latter case,
SENATE BILL NO. 225—
BY SENATOR MARIONNEAUX the naked owner may obtain security only to the extent of his
AN ACT legitime.
To amend and reenact Civil Code Art. 2315.2(A) and to enact Civil Security is dispensed with by operation of law when a
Code Art. 2315(C), relative to wrongful death actions; to parent has a legal usufruct under Civil Code Article 891, unless
provide for recoverable damages in such actions; to extend the the naked owner is not a child of the usufructuary.
same rights of recovery of the spouse and children of the Security is dispensed with by operation of law when a
deceased to minor children living in the household; to add certain surviving spouse has a legal usufruct under Civil Code Article
recoverable damages for a surviving spouse in such actions; and 2434, unless the naked owner is a child of the decedent but not
to provide for related matters. a child of the usufructuary. Legal usufructuaries, and sellers or
donors A seller or donor of property under reservation of usufruct
Reported with amendments by the Committee on Judiciary A. are is not required to give security,
Section 2. Code of Civil Procedure Article 3154.1 is hereby
SENATE COMMITTEE AMENDMENTS repealed in its entirety.
Section 3. The Louisiana State Law Institute is hereby directed
Amendments proposed by Senate Committee on Judiciary A t o to prepare comments regarding the provisions of this Act."
Original Senate Bill No. 225 by Senator Marionneaux
AMENDMENT NO. 4
On page 2, delete lines 1 and 2
905
Page 12 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
On motion of Senator Lentini, the committee amendment was mentally retarded does not waive certain rights; and to provide
adopted. The amended bill was read by title and ordered engrossed for related matters.
and passed to a third reading.
Reported with amendments by the Committee on Judiciary C.
SENATE BILL NO. 364—
BY SENATOR ROMERO SENATE COMMITTEE AMENDMENTS
AN ACT
To enact R.S. 16:2(F), relative to the district attorney for the Amendments proposed by Senate Committee on Judiciary C to
Sixteenth Judicial District; to provide for contributions from the Original Senate Bill No. 544 by Senator Holden
parish school boards and governing authorities in the parishes of
Iberia, St. Mary and St. Martin to defray costs of AMENDMENT NO. 1
representation; and to provide for related matters. On page 1, at the end of line 3, after “Art. 905.5.1(H)(2)” delete “,
and to repeal Code of”
Reported with amendments by the Committee on Judiciary C.
SENATE COMMITTEE AMENDMENTS
AMENDMENT NO. 2
Amendments proposed by Senate Committee on Judiciary C to On page 1, line 4, delete “Criminal Procedure Art. 905.5.1(E) and
Original Senate Bill No. 364 by Senator Romero (G)”
AMENDMENT NO. 1 AMENDMENT NO. 3
On page 1, line 13, between "may" and "contribute" insert "each" On page 1, delete line 15, in its entirety and insert the following:
“C.(1) Any defendant in a capital case making a claim of mental
On motion of Senator Chaisson, the committee amendment was retardation shall prove the allegation by a preponderance of the
adopted. The amended bill was read by title and ordered engrossed evidence. The jury shall try the issue of mental retardation of a
and passed to a third reading. capital defendant during the capital sentencing hearing unless the
state and the defendant agree that the issue is to be tried by the judge.
SENATE BILL NO. 420— If the state and the defendant agree, the issue of mental retardation of
BY SENATOR MARIONNEAUX
AN ACT a capital defendant may be tried prior to trial by the judge alone.”
To amend and reenact Code of Civil Procedure Art. 1920, relative to
AMENDMENT NO. 4
court costs; to require the non-prevailing party to pay all costs
if the suit is or the defense to the suit is frivolous; and to On page 2, line 2, after “Psychologists” and before the period “.”
provide for related matters. insert the following: “and a psychiatrist qualified and experienced in
the field of forensic evaluations as provided for in Code of Criminal
Reported with amendments by the Committee on Judiciary A. Procedure Art. 644"
AMENDMENT NO. 5
SENATE COMMITTEE AMENDMENTS
On page 2, at the beginning of line 10, change “two” to “three”
Amendments proposed by Senate Committee on Judiciary A to
AMENDMENT NO. 6
Original Senate Bill No. 420 by Senator Marionneaux
On page 2, line 11, after “psychological” insert “and psychiatric”
AMENDMENT NO. 1
AMENDMENT NO. 7
On page 1, line 10, after the word and period “cause.” delete the
On page 2, line 18, after “conditions” insert “does not necessarily
remainder of the line and insert “Upon written motion, if the court
determines after contradictory hearing that the suit or” constitute, but”
On motion of Senator Lentini, the committee amendment was AMENDMENT NO. 8
adopted. The amended bill was read by title and ordered engrossed On page 2, delete lines 21 and 22 in their entirety
and passed to a third reading.
On motion of Senator Chaisson, the committee amendment was
SENATE BILL NO. 544— adopted. The amended bill was read by title and ordered engrossed
BY SENATORS HOLDEN AND JACKSON and passed to a third reading.
AN ACT
To amend and reenact Code of Criminal Procedure Art. 905.5.1(C) SENATE BILL NO. 657—
and the introductory paragraph of Code of Criminal Procedure BY SENATOR BOISSIERE
AN ACT
Art. 905.5.1(H)(2), and to repeal Code of Criminal Procedure
Art. 905.5.1(E) and (G), relative to sentencing in capital cases; To amend and reenact R.S. 13:1384, relative to criminal district
to provide relative to mental retardation; to provide that certain courts; to provide for funding of certain positions or office; to
provide for an effective date; and to provide for related matters.
psychologists be included in the determination of the defendants'
mental capacity; to provide that a defendant who claims to be
Reported with amendments by the Committee on Judiciary B.
906
28th DAY'S PROCEEDINGS Page 13 SENATE
May 19, 2004
SENATE COMMITTEE AMENDMENTS On motion of Senator Lentini, the committee amendment was
adopted. The amended bill was read by title and ordered engrossed
Amendments proposed by Senate Committee on Judiciary B to and passed to a third reading.
Original Senate Bill No. 657 by Senator Boissiere
SENATE BILL NO. 781—
AMENDMENT NO. 1 BY SENATOR LENTINI
On page 1, line 3, after "office" insert "and functions" AN ACT
To enact R.S. 15:567.1, relative to capital cases; to provide with
AMENDMENT NO. 2 respect to mental incapacity to proceed to execution; to provide
On page 1, line 7, after "positions" insert "and functions" for procedures authorizing a defendant to raise the issue of
mental incapacity to proceed to execution; to provide for the
AMENDMENT NO. 3 filing of a petition and to provide for the contents of that
On page 1, delete lines 11 and 12 and insert the following "and petition; to provide with respect to the burden of proof and the
assistants, thirteen law clerks, and four secretaries and shall provide introduction of evidence; to provide for the submission of
for the conduct of the jury commission and sanity hearings, the certain records, data, reports, and other information; to provide
cost of all of which shall be appropriated in the appropriation for a waiver of confidentiality and privilege with respect to
bill which provides for judicial expenses and shall be allocated information submitted; to provide for an independent
by the Judicial Budgetary Control Council to such court." psychological or psychiatric examination; to provide for the
dismissal of the petition in certain circumstances; to provide
On motion of Senator Marionneaux, the committee amendment with respect to treatment of a defendant found to be
was adopted. The amended bill was read by title and ordered incompetent to proceed to execution; and to provide for related
engrossed and passed to a third reading. matters.
SENATE BILL NO. 680— Reported with amendments by the Committee on Judiciary C.
BY SENATOR BOISSIERE
AN ACT SENATE COMMITTEE AMENDMENTS
To amend and reenact R.S. 13:5102(B), relative to suits against the
state; to provide for definitions; to limit liability for Amendments proposed by Senate Committee on Judiciary C to
corporations or contractors which manage agencies or authorities Original Senate Bill No. 781 by Senator Lentini
of the state; and to provide for related matters.
AMENDMENT NO. 1
Reported with amendments by the Committee on Judiciary A. On page 1, line 15, after "Mental" change "incapacity" to
"incompetence"
SENATE COMMITTEE AMENDMENTS
AMENDMENT NO. 2
Amendments proposed by Senate Committee on Judiciary A to On page 1, delete line 17 in its entirety
Original Senate Bill No. 680 by Senator Boissiere
AMENDMENT NO. 3
AMENDMENT NO. 1 On page 2, delete lines 1 through 29 in their entirety and insert the
On page 1, line 3, after "for" change "corporations or contractors" to following:
"entities" and at the end of the line change "agencies" to "certain" "A. A person who is not competent to proceed to execution may
not be executed.
AMENDMENT NO. 2 B. A person is not competent to proceed to execution when, as
On page 1, at the beginning of line 4, change "or authorities of the a result of a diagnosable mental disease or defect, a defendant
state" to "public transit authorities; to provide relative to the presently lacks the competence to understand that he is to be
employees of such entities" executed, that execution is imminent, and the reason he is to suffer
that penalty.
AMENDMENT NO. 3 C. Any person sentenced to death may raise his or her mental
On page 1, delete lines 14 and 15 and insert in lieu thereof "(2) Any incompetence to proceed to execution by filing in the sentencing court
private entity, including its employees, which on the behalf of a petition verified by his affidavit, or, if represented, by that of his
a public transit authority created by law provides" counsel. A person acting as petitioners next friend, or the secretary
of the Department of Public Safety and Corrections may also file said
AMENDMENT NO. 4 petition. The petition shall contain all of the following:
On page 1, at the beginning of line 16, delete "13:5102(B)(1) to (1) The name of the person in custody.
provide all" (2) The name of the custodian.
(3) The docket number in which he was convicted and the date
AMENDMENT NO. 5 upon which he was sentenced.
On page 1, line 17, after "such" change "corporation or contractor" (4) A statement that clearly sets forth the alleged facts in
to "entity" support of the assertion that the defendant is incompetent.
(5) Any affidavits, records, or other evidence supporting the
above statement or a statement why such is not available.
907
Page 14 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
(6) Identification of any previous proceedings in which records, raw data, tests, test scores, notes, behavioral observations,
defendant challenged his or her competency. reports, evaluations, and any other information of any kind reviewed
D. If, based, upon the petition, the court has reasonable grounds by any state expert in forming the basis of his or her opinion.
to doubt the defendants mental competence to proceed to execution, K. By filing a petition under this Section, the defendant waives
it shall order a competency examination of the defendant. Prior to all claims of confidentiality and evidentiary privilege to, and is
ordering any such competency examination, the court shall appoint deemed to have cons ented to the release of any and all medical,
counsel to represent the defendant if he is not already represented. correctional, educational, and military records, raw data, tests, test
E. Within seven days after a competency examination is ordered, scores, reports, evaluations, and other records relevant or necessary
the court shall appoint a competency commission to examine and to an examination or determination of his mental condition.
report upon the mental condition of the defendant. The competency L. The issue of the defendant's mental incompetence to proceed
commission shall consist of at least two and not more than three to execution shall be determined by the court in a contradictory
members who are licensed to practice medicine in Louisiana, who hearing. The report of the competency commission is admissible in
have been in the actual practice of medicine for not less than three evidence at the hearing, and members of the competency commission
consecutive years immediately preceding the appointment, and who may be called as witnesses by the court, the defense counsel, or the
are qualified by training or experience in forensic evaluations. The district attorney. Regardless of who calls them as witnesses, the
court may appoint, in lieu of one physician, a clinical psychologist members of the commission are subject to cross-examination by the
who is licensed to practice psychology in Louisiana, who has been defense counsel, by the district attorney, and by the court. Other
engaged in the practice of clinical or counseling psychology for not evidence pertaining to the defendant's mental incompetence to
less than three consecutive years immediately preceding the proceed to execution may be introduced at the hearing by the defense
appointment, and who is qualified by training or experience in counsel and by the district attorney. The introduction of evidence at
forensic evaluations. Every competency commission shall have at any hearing held pursuant to this Section shall be governed by Code
least one psychiatrist as a member of the commission, unless one is of Evidence Article 1101(B).
not reasonably available, in which case, the commission shall have at M. After considering the evidence, the district court shall
least one clinical psychologist as a member of the commission. No determine that the petitioner is not competent to proceed to
more than one member of the competency commission shall be the execution if it determines, by a preponderance of the evidence, that
coroner or any of his deputies. the petitioner, as a result of a diagnosable mental disease or defect,
F. The members of the competency commission appointed to presently lacks the competence to understand that he is to be
make the examination shall have free access to the defendant at all executed, that execution is imminent, and the reason he is to suffer
reasonable times. This examination shall be conducted only when the that penalty.
petitioner is not under the influence of any psychotropic medication. N. If a defendant is found competent to proceed to execution,
No statement made by the petitioner in the course of any evaluation the trial court shall immediately issue a death warrant pursuant to
by any expert provided for by this Section, whether or not the R.S. 15:567. If a defendant is found incompetent to proceed to
petitioner consents to the evaluation, shall be admitted into evidence execution, he shall be incarcerated in accordance with R.S. 15:568.
against the petitioner in any criminal proceeding. The court shall O. Any subsequent petition filed by a defendant pursuant to
subpoena witnesses to attend the examination at the request of the this Section following a previous finding of competence to proceed
district attorney, the defendant, the commission, or any member of to execution shall comply with the requirement of Subsection C of
the commission. this Section, and further shall allege specific facts which, if proven by
G. The report of the competency commission members shall a preponderance of the evidence, show a material change in the
address their specific findings with regard to the mental disease or defendant's competence to proceed to execution.
defect presently afflicting the defendant, and its impact on his ability P. State's experts may examine a defendant found incompetent
to understand that he is to be executed, that execution is imminent, to proceed to execution not more than once every ninety days
and the reason he is to suffer that penalty. following such a ruling without further orders of the court and upon
H. The court order for a competency examination shall not written notice to the defendant, or his counsel if the defendant is
deprive the defendant or the district attorney of the right to an represented. At any time following a finding of incompetence to
independent mental examination by a physician or mental health proceed to execution, the state may provoke a hearing to determine
expert of his choice, and such physician or mental health expert shall the defendant's competence to proceed to execution by filing a motion
be permitted to have reasonable access to the defendant for the with the sentencing court alleging a material change in circumstances.
purposes of the examination. Q. Any party against whom a decision is rendered pursuant to
I. Once the issue of mental incompetence to proceed to execution t his Section may make an appropriate application for a writ o f
is raised by the defendant, and upon written motion of the district certiorari or review directly to the Louisiana Supreme Court."
attorney, the defendant shall provide the state, and any members of
the competency commission, within time limits set by the court, any AMENDMENT NO. 4
and all medical, correctional, educational, and military records, raw On page 3, delete lines 1 through 29 in their entirety
data, tests, test scores, notes, behavioral observations, reports,
evaluations, and any other information of any kind reviewed by any AMENDMENT NO. 5
defense expert in forming the basis of his or her opinion. On page 4, delete lines 1 through 29 in their entirety
J. If the state exercises its option to an independent examination
pursuant to Subsection H of this Section, and upon written motion
of the defendant, the state shall provide the defendant, and any AMENDMENT NO. 6
members of the competency commission, within time limits set by On page 5, delete lines 1 through 17 in their entirety
the court, any and all medical, correctional, educational, and military
908
28th DAY'S PROCEEDINGS Page 15 SENATE
May 19, 2004
On motion of Senator Chaisson, the committee amendment was §1299.36.2. Cloning of human beings; purchase or sale of ovum,
adopted. The amended bill was read by title and ordered engrossed zygote, embryo or fetus for the purpose of cloning human beings,
and passed to a third reading. prohibited
R.S. 40:1299.36.2 is all proposed new law.
SENATE BILL NO. 782— A. It shall be unlawful for any person or entity, public or
BY SENATOR LENTINI private, to intentionally or knowingly do any of the following:
AN ACT (1) Perform or attempt to perform human cloning.
To enact R.S. 37:1285(A)(32) and Part XIX of Chapter 5 of Title 40 (2) Participate in an attempt to perform human cloning.
of the Louisiana Revised Statutes of 1950, to be comprised of (3) Transfer, ship, or receive for any purpose a human embryo
R.S. 40:1299.36 through 1299.36.8, relative to human cloning; produced by human cloning, or any product derived from such human
to prohibit human cloning; to provide for definitions; to provide embryo.
for penalties; to provide for the promotion of adult stem cell (4) Import for any purpose a human embryo produced by
research; and to provide for related matters. human cloning, or any product derived from such human embryo.
B. No person shall purchase or sell an ovum, zygote, embryo,
Reported by substitute by the Committee on Judiciary A. The or fetus with the intent to perform or attempt to perform human
bill was read by title; the committee substitute bill was read. cloning.
C. Whoever violates this Section shall be fined not more than
SENATE BILL NO. (Substitute for Senate Bill No. 782 by ten million dollars or imprisoned, with or without hard labor, for not
BY SENATOR LENTINI Senator Lentini) more than ten years, or both.
AN ACT §1299.36.3. Adult stem cell research, in vitro fertilization, and
To enact Part XIX of Chapter 5 of Title 40 of the Louisiana Revised other cell-based therapies not prohibited
Statutes of 1950, to be comprised of R.S. 40:1299.36 through R.S. 40:1299.36.3 is all proposed new law.
1299.36.7, and R.S. 37:1285(A)(32), all relative to human Nothing in this statute shall restrict areas of scientific research
cloning; to provide for definitions; to prohibit the expenditure of not specifically prohibited by this statute, including in vitro
state funds for the purpose of human cloning; to provide for fertilization, the administration of fertility enhancing drugs, research
penalties; and to provide for related matters. in the use of nuclear transfer or other cloning techniques to produce
Be it enacted by the Legislature of Louisiana: molecules, DNA, tissues, organs, plants, or animals other than
Section 1. Part XIX of Chapter 5 of Title 40 of the Louisiana humans, or cells other than human embryos.
Revised Statutes of 1950, to be comprised of R.S. 40:1299.36 through §1299.36.4. Administrative penalties
1299.36.7 is hereby enacted to read as follows: R.S. 40:1299.36.4 is all proposed new law.
PART XIX. HUMAN CLONING A. For a violation of R. S. 40:1299.36.2, the secretary of the
Part XIX is all proposed new law. Department of Health and Hospitals may, in accordance with the
§1299.36. Title provisions of the Administrative Procedure Act, R.S. 49:950, et seq.,
R.S. 40:1299.36 is all proposed new law. order the levy of an administrative penalty as follows:
This Act may be known and cited as the "Human Cloning Ban (1) If the violator is a legal entity other than an individual,
and Adult Stem Cell Research Promotion Act." including but not limited to a corporation, firm, clinic, hospital,
§1299.36.1. Definitions laboratory, or research facility, a penalty of not more than ten million
R.S. 40:1299.36.1 is all proposed new law. dollars or the application amount under Subsection B of this Section,
As used in this Part, the following words have the whichever is greater.
following meanings: (2) If the violator is an individual, a penalty of not more than
(1) "Asexual production" means human reproduction not five million dollars or the applicable amount under Subsection B of
initiated by the union of oocyte and sperm. this Section, whichever is greater.
(2) "Human cloning" means human asexual production, by B. If any person derives pecuniary gain from a violation of R.S.
somatic cell nuclear transfer, to produce a living embryo with a 40:1299.36.2, the person shall be assessed a civil penalty of not more
human or predominantly human genetic constitution. than an amount equal to the amount of gross gain multiplied by two.
(3) "Oocyte" means the human female germ cell (the ovum). §1299.36.5. Violation constitutes unprofessional conduct;
Somatic cell means a diploid cell (having a complete set of employment restrictions
chromosomes) obtained or derived from a living or deceased human R.S. 40:1299.36.5 is all proposed new law.
being at any stage of development. A. A violation of this Part, relating to human cloning,
(4) "Somatic cell nuclear transfer" means introducing the nuclear constitutes unprofessional conduct and shall result in the permanent
material of a human somatic cell (donor) into an oocyte (ovum) whose revocation of each license and permit issued pursuant to R.S.
own nucleus has been removed or inactivated, yielding a product that 37:1261, et seq.
has a human genetic constitution virtually identical to the donor of the B. A violation of this Part shall provide, in addition to
somatic cell. Subsection (A) of this Section, the basis for disciplinary action
(5) "Embryo" means an organism of the species homo sapiens deemed appropriate by the Louisiana State Board of Medical
from the single cell stage to eight weeks development. Examiners pursuant to R.S. 37:1261, et seq.
(6) "Fetus" means an organism of the species homo sapiens C. Notwithstanding any provision of law to the contrary, a
from eight weeks development until complete expulsion or extraction violation of this Part shall be the basis for denying an application for,
from a woman's body, or removal from an artificial womb or other or an application for the renewal of any license, permit, or certificate
similar environment designed to nurture the development of such required by this state, or the granting of a conditional license, permit,
organism. or certificate required by this state, or any department, office,
909
Page 16 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
agency, or board of the state in order to practice or engage in a trade, The bill was read by title; lies over under the rules.
occupation, or profession.
§1299.36.6. Use of state funds prohibited SENATE BILL NO. 804—
R.S. 40:1299.36.6 is all proposed new law. BY SENATOR ADLEY
A. Notwithstanding any other provision of law to the contrary, AN ACT
state funds shall not be used to perform or attempt to perform human To amend and reenact R.S. 33:2345(E), relative to training of
cloning. municipal police chiefs; to provide an exception for a police
B. Subsection (A) of this Section does not prohibit the use of chief who has served as a law enforcement officer in the state for
state funds for scientific research or cell-based therapies not at least thirty years; and to provide for related matters.
specifically prohibited by this Part as designated in R.S.
40:1299.36.3. Reported unfavorably by the Committee on Judiciary B. On
C. A person who violates this Section shall be subject to a fine motion of Senator Adley, the bill was read by title and withdrawn
of ten million dollars. from the files of the Senate.
§1299.36.7. Use of health facility or agency for human cloning
prohibited; penalties SENATE BILL NO. 859—
BY SENATOR ROMERO
R.S. 40:1299.36.7 is all proposed new law.
AN ACT
A. A health facility or agency shall not allow any individual to To enact R.S. 27:403, relative to the Louisiana Gaming Control Law;
perform or attempt to perform human cloning in a facility owned or to provide with respect to the status of licenses issued in good
operated by the health facility or agency. faith reliance on a survey which was wrong; and to provide for
B. Nothing in this Section shall prohibit a health facility or related matters.
agency from allowingan individual from engaging in scientific research
or a cell-based therapy not specifically prohibited by this Part as Reported favorably by the Committee on Judiciary B. On
designated in R.S. 40:1299.36.3. motion of Senator Marionneaux, the bill was read by title, ordered
C. A health facility or agency that violates this Section shall be engrossed, and passed to a third reading.
subject to administrative penalties provided by law for that facility
or agency and to a fine of ten million dollars and loss of each license
House Bills and Joint Resolutions
granted by law to the facility or agency.
Section 2. R.S. 37:1285(A)(32) is hereby enacted to read as on Second Reading
follows: Reported by Committees
§1285. Causes for nonissuance; suspension; revocation; or the
imposition of restrictions; fines, reinstatement; publication of action; The following House Bills and Joint Resolutions reported by
stays Committees were taken up and acted upon as follows:
A. The board may refuse to issue, or may suspend or revoke
any license or permit, or impose probationary or other restrictions on HOUSE BILL NO. 17—
BY REPRESENTATIVE BOWLER
any license or permit issued under this Part for the following causes:
AN ACT
* * *
To amend and reenact R.S. 9:292, relative to the use of surnames by
(32) A violation of Part XIX of Chapter 5 of Title 40 of the
married persons; to provide for the use of a deceased spouse's
Louisiana Revised Statutes of 1950, comprised of R . S .
surname; to provide for the use of a present spouse's surname;
40:1299.36 through 1299.36.7.
Section 3. This Act shall become effective upon signature by the and to provide for related matters.
governor or, if not signed by the governor, upon expiration of the time
Reported favorably by the Committee on Judiciary A. Under
for bills to become law without signature by the governor, as
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill
provided by Article III, Section 18 of the Constitution of Louisiana.
was read by title and referred to the Legislative Bureau.
If vetoed by the governor and subsequently approved by the
legislature, this Act shall become effective on the day following such
HOUSE BILL NO. 19—
approval. BY REPRESENTATIVE SHEPHERD
AN ACT
On motion of Senator Lentini, the committee substitute bill was To amend and reenact Code of Criminal Procedure Article 814(A)(3),
adopted and becomes Senate Bill No. 873 by Senator Lentini, relative to criminal verdicts; to add the crime of negligent
substitute for Senate Bill No. 782 by Senator Lentini. homicide as a responsive verdict to the crime of second degree
murder; and to provide for related matters.
SENATE BILL NO. 873 (Substitute for Senate Bill No. 782
by Senator Lentini)— Reported favorably by the Committee on Judiciary C. Under
BY SENATOR LENTINI
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill
AN ACT
was read by title and referred to the Legislative Bureau.
To enact Part XIX of Chapter 5 of Title 40 of the Louisiana Revised
Statutes of 1950, to be comprised of R.S. 40:1299.36 through
1299.36.7, and R.S. 37:1285(A)(32), all relative to human
cloning; to provide for definitions; to prohibit the expenditure of
state funds for the purpose of human cloning; to provide for
penalties; and to provide for related matters.
910
28th DAY'S PROCEEDINGS Page 17 SENATE
May 19, 2004
HOUSE BILL NO. 97— Reported favorably by the Committee on Judiciary B. Under
BY REPRESENTATIVE SALTER the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill
AN ACT was read by title and referred to the Legislative Bureau.
To enact Children's Code Article 815(E), relative to preadjudication
custody of children; to provide with respect to the costs of such HOUSE BILL NO. 220—
custody; to provide for the responsibility of bearing such costs; BY REPRESENTATIVE BOWLER
and to provide for related matters. AN ACT
To amend and reenact R.S. 9:315.18(B)(1)(introductory paragraph)
Reported favorably by the Committee on Judiciary B. Under and (C) and to repeal R.S. 9:315.18(D), relative to child support;
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill to provide for eligibility to claim federal and state tax
was read by title and referred to the Legislative Bureau. dependency deductions; and to provide for related matters.
HOUSE BILL NO. 119— Reported favorably by the Committee on Judiciary A. Under
BY REPRESENTATIVES TOOMY, ANSARDI, BOWLER, DAMICO, the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill
LANCASTER, MARTINY, SHEPHERD, AND WOOTON AND
SENATORS BOISSIERE, LENTINI, AND ULLO was read by title and referred to the Legislative Bureau.
AN ACT
To amend and reenact R.S. 13:1444(7) and to enact R.S. 13:1444(8), HOUSE BILL NO. 247—
BY REPRESENTATIVE THOMPSON
relative to the civil jurisdiction of parish courts; to limit
jurisdiction over suits filed under the Governmental Claims Act; AN ACT
and to provide for related matters. To amend and reenact R.S. 14:67.2(A ) and (C)(introductory
paragraph) and to enact R.S. 14:67.2(B)(4), relative to theft; to
Reported favorably by the Committee on Judiciary A. Under provide with respect to theft of animals; to authorize courts to
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill order restitution in certain circumstances; and to provide for
related matters.
was read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 121— Reported favorably by the Committee on Judiciary C. Under
BY REPRESENTATIVES TOOMY, ANSARDI, BOWLER, DAMICO, the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill
LANCASTER, MARTINY, SHEPHERD, AND WOOTON AND was read by title and referred to the Legislative Bureau.
SENATORS BOISSIERE, LENTINI, AND ULLO
AN ACT HOUSE BILL NO. 303—
To amend and reenact R.S. 13:2561.2(A), 2561.4, 2562.2(A), and BY REPRESENTATIVES R. CARTER AND MCVEA AND SENATOR
2562.4, relative to parish courts; to limit the civil jurisdiction of NEVERS
the First and Second Parish Courts for Jefferson Parish; and to AN ACT
provide for related matters. To enact R.S. 30:2154(B)(2)(g), relative to solid waste; to provide for
the authority of the secretary of the Department of
Reported favorably by the Committee on Judiciary A. Under Environmental Quality; to provide for the registration and
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill permitting of certain solid waste facilities in St. Helena Parish;
was read by title and referred to the Legislative Bureau. and to provide for related matters.
HOUSE BILL NO. 132— Reported with amendments by the Committee on Environmental
BY REPRESENTATIVE JOHNS Quality.
AN ACT
To enact R.S. 15:254.8, relative to compensation of off-duty law SENATE COMMITTEE AMENDMENTS
enforcement officers subpoenaed to testify in the mayor's court
of Vinton; to require the clerk of the town of Vinton to pay Amendments proposed by Senate Committee on Environmental
witness fees when off-duty law enforcement officers are Quality to Engrossed House Bill No. 303 by Representative Carter
subpoenaed to testify; to provide for certification requirements;
to provide for maximum allowable fees; and to provide for AMENDMENT NO. 1
related matters. On page 1, at the end of line 20, after "site." insert the following:
"Notwithstanding any provision of this Subparagraph, if the parish
Reported favorably by the Committee on Judiciary B. Under of St. Helena sites and permits its own solid waste disposal facility,
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill such parish shall receive and dispose of any and all residential,
was read by title and referred to the Legislative Bureau. commercial, and industrial solid waste produced in the parish."
HOUSE BILL NO. 155— On motion of Senator Fontenot, the committee amendment was
BY REPRESENTATIVES MARTINY, ANSARDI, DAMICO,
LANCASTER, SCALISE, TOOMY, AND WOOTON AND SENATORS adopted. Under the provisions of Joint Rule No. 3 of the Rules of
BOISSIERE, LENTINI, AND ULLO the Senate, the amended bill was read by title and referred to the
AN ACT Legislative Bureau.
To amend and reenact R.S. 15:705(A)(2), relative to food and clothing
provisions for prisoners; to provide with respect to
reimbursement from an inmate for certain expenses associated
with incarceration; and to provide for related matters.
911
Page 18 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
HOUSE BILL NO. 404— HOUSE BILL NO. 561—
BY REPRESENTATIVE BOWLER AND SENATOR DARDENNE BY REPRESENTATIVES WALSWORTH, KATZ, AND THOMPSON
AN ACT AN ACT
To amend and reenact R.S. 9:315.8(E)(3)(a), relative to child support; To enact R.S. 14:61, relative to unauthorized entry of a critical
to provide relative to joint custody; to provide for consideration infrastructure; to define unauthorized entry of a critical
of the continuing expenses of the domiciliary party; and to infrastructure; to provide for penalties; and to provide for
provide for related matters. related matters.
Reported favorably by the Committee on Judiciary A. Under Reported favorably by the Committee on Judiciary C. Under
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill
was read by title and referred to the Legislative Bureau. was read by title and referred to the Legislative Bureau.
HOUSE BILL NO. 405— HOUSE BILL NO. 574—
BY REPRESENTATIVE BOWLER BY REPRESENTATIVES MORRISH, BRUCE, AND ROMERO
AN ACT AN ACT
To amend and reenact R.S. 9:5212 and R.S. 35:12(D) and 392.1, To amend and reenact R.S. 15:572.4(D), relative to reprieve and
relative to ex officio notaries; to provide relative to the authority pardon of offenders; to provide with respect to the time periods
of ex officio notaries; to provide for the rejection of certain in which certain offenders may apply for a pardon or
documents; to provide for actions exceeding the authority commutation of sentence; and to provide for related matters.
granted; and to provide for related matters.
Reported with amendments by the Committee on Judiciary C.
Reported favorably by the Committee on Judiciary A. Under
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill SENATE COMMITTEE AMENDMENTS
was read by title and referred to the Legislative Bureau.
Amendments proposed by Senate Committee on Judiciary C to
HOUSE BILL NO. 428— Engrossed House Bill No. 574 by Representative Morrish
BY REPRESENTATIVE DURAND
AN ACT AMENDMENT NO. 1
To enact R.S. 37:1285.3, relative to the Louisiana State Board of On page 1, line 18, change “ten” to “seven”
Medical Examiners; to require that security accompany any
judicial review of a final decision of the board; and to provide for AMENDMENT NO. 2
related matters. On page 1, line 19, change “seven” to “five”
Reported favorably by the Committee on Judiciary A. Under On motion of Senator Chaisson, the committee amendment was
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill adopted. Under the provisions of Joint Rule No. 3 of the Rules of
was read by title and referred to the Legislative Bureau. the Senate, the amended bill was read by title and referred t o t he
Legislative Bureau.
HOUSE BILL NO. 473—
BY REPRESENTATIVE DURAND
AN ACT HOUSE BILL NO. 575—
BY REPRESENTATIVE BOWLER
To enact R.S. 37:1285(G), (H), and (I), relative to the Louisiana State AN ACT
Board of Medical Examiners; to provide for strict limitations and To amend and reenact R.S. 9:315(C)(3) and 315.5, relative to child
conditions on staying or continuing an adjudication proceeding, support awards; to provide for the definition of ordinary
decision, or order of the board prior to the issuance of a final expenses; to provide for the definition of extraordinary
decision; and to provide for related matters. expenses; and to provide for related matters.
Reported favorably by the Committee on Judiciary A. Under Reported with amendments by the Committee on Judiciary A.
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill
was read by title and referred to the Legislative Bureau. SENATE COMMITTEE AMENDMENTS
HOUSE BILL NO. 531— A mendments proposed by Senate Committee on Judiciary A t o
BY REPRESENTATIVE JOHNS
Engrossed House Bill No. 575 by Representative Bowler
AN ACT
To amend and reenact R.S. 9:315.11, relative to the calculation of
child support; to provide for the determination of a party's AMENDMENT NO. 1
On page 1, line 15, after “Expenses include” and before “reasonable”
income earning potential; to provide for the imputation of
insert “, but are not limited to,”
income; and to provide for related matters.
Reported favorably by the Committee on Judiciary A. Under AMENDMENT NO. 2
On page 1, line 17, change “uninsured” to “uninsured”
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill
was read by title and referred to the Legislative Bureau.
On motion of Senator Lentini, the committee amendment was
adopted. Under the provisions of Joint Rule No. 3 of the Rules of
912
28th DAY'S PROCEEDINGS Page 19 SENATE
May 19, 2004
the Senate, the amended bill was read by title and referred to the Amendments proposed by Senate Committee on Judiciary A to
Legislative Bureau. Reengrossed House Bill No. 750 by Representative Durand
HOUSE BILL NO. 576— AMENDMENT NO. 1
BY REPRESENTATIVE BOWLER On page 2, line 5, after "United States attorney," insert "attorney
AN ACT general"
To amend and reenact Civil Code Articles 571 and 573 and to repeal
Code of Civil Procedure Article 3154.1, relative to AMENDMENT NO. 2
usufructuaries; to provide for the giving of security; to provide On page 2, line 7, after "United States attorney " insert "attorney
for the type of security; to prohibit dispensing with security for general"
certain testamentary usufructs; and to provide for related
matters. AMENDMENT NO. 3
On page 2, line 21, after "United States attorney" insert "attorney
Reported favorably by the Committee on Judiciary A. Under general"
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill
was read by title and referred to the Legislative Bureau. AMENDMENT NO. 4
On page 2, line 23, after "United States attorney," insert "attorney
HOUSE BILL NO. 577— general,"
BY REPRESENTATIVE JACKSON
AN ACT
To enact Code of Civil Procedure Article 224(11), relative to On motion of Senator Lentini, the committee amendment was
adopted. Under the provisions of Joint Rule No. 3 of the Rules of
contempt of court; to provide for constructive contempt of
the Senate, the amended bill was read by title and referred to the
court for making a false statement of a material fact for support
enforcement services; to provide for contempt of court for Legislative Bureau.
failing to disclose a material fact for support enforcement
HOUSE BILL NO. 994—
services; and to provide for related matters. BY REPRESENTATIVE MARTINY
AN ACT
Reported favorably by the Committee on Judiciary A. Under To amend and reenact R.S. 14:222.1, relative to the crime of
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill unauthorized interception, interference with, or retransmission
was read by title and referred to the Legislative Bureau. of services offered over a cable television system; to provide for
definitions; to provide for penalties for violations; to provide
HOUSE BILL NO. 640— relative to disposition of equipment; to provide for an effective
BY REPRESENTATIVES M. GUILLORY, MARTINY, RICHMOND,
BADON AND BROOME date; to provide for elements of the crime; to provide for
AN ACT exceptions; and to provide for related matters.
To enact R.S. 14:106.3, relative to offenses affecting the general
peace and order; to create the crime of unlawful exhibition of Reported with amendments by the Committee on Judiciary C.
sexually explicit material in a motor vehicle; to provide for
penalties; to provide for definitions; and to provide for related SENATE COMMITTEE AMENDMENTS
matters.
Amendments proposed by Senate Committee on Judiciary C to
Reported favorably by the Committee on Judiciary C. Under Reengrossed House Bill No. 994 by Representative Martiny
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill
was read by title and referred to the Legislative Bureau. AMENDMENT NO. 1
On page 3, delete lines 22 through 25 in their entirety
HOUSE BILL NO. 750—
BY REPRESENTATIVES DURAND AND MURRAY AMENDMENT NO. 2
AN ACT On page 3, at the beginning of line 26, change "H." to "G."
To amend and reenact R.S. 40:41(B) and (C)(2) and 61(A)(4) and to
enact R.S. 40:41(J), relative to vital statistics; to provide for AMENDMENT NO. 3
judicial use of birth certificates; to provide for judicial us e of On page 4, delete lines 3 through 5 in their entirety and insert the
death certificates; to clarify that an attorney may obtain birth or following: "H. This Section shall not be construed to impose any
death certificates in a record only if he represents persons criminal liability upon any state or local law enforcement agency, any
authorized to inspect or receive such certificates; to provide for state or local governmental agency, municipality, or any
the Department of Health and Hospitals to use vital statistic communications service provider, cable television company or
information; to provide for penalties; and to provide for related multipoint distribution system, unless such entity knowingly and
matters. intentionally violates the provisions of this Section."
Reported with amendments by the Committee on Judiciary A. On motion of Senator Chaisson, the committee amendment was
adopted. Under the provisions of Joint Rule No. 3 of the Rules of
SENATE COMMITTEE AMENDMENTS the Senate, the amended bill was read by title and referred to the
Legislative Bureau.
913
Page 20 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
HOUSE BILL NO. 1111— On motion of Senator Michot, the resolution was read by title
BY REPRESENTATIVE TOOMY and adopted.
AN ACT
To amend and reenact R.S. 40:1049(E), relative to transactions
Petitions, Memorials and
involving proceeds from drug offenses; to provide that the term
of imprisonment be served with or without hard labor; and to Communications
provide for related matters.
The following petitions, memorials and communications were
Reported favorably by the Committee on Judiciary C. Under received and read:
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill
STATE OF LOUISIANA
was read by title and referred to the Legislative Bureau.
Senate Committee on Judiciary C
HOUSE BILL NO. 1330—
BY REPRESENTATIVE JOHN SMITH May 18, 2004
AN ACT
To enact R.S. 33:1429.1, relative to law enforcement; to authorize Senator Don Hines
certain sheriffs to engage in cooperative endeavors with other President of State Senate
law enforcement agencies within the parish for law enforcement Post Office Box 94183
purposes, including providing funds to other law enforcement Baton Rouge, Louisiana 70804
agencies in the parish; to provide limitations; and to provide for
related matters. Dear President Hines:
Reported favorably by the Committee on Judiciary B. Under Please be advised that I will excuse myself from voting on SB472
the provisions of Joint Rule No. 3 of the Rules of the Senate, the bill because the Attorney-Client relationship between me and the
was read by title and referred to the Legislative Bureau. NOBRA Pilots may present the appearance of a conflict.
Reconsideration Sincerely,
ARTHUR J. "ART" LENTINI
On motion of Senator B. Gautreaux, pursuant to the previous
notice given, the vote by which the following bill failed to pass on Special Order of the Day
Tuesday, May 18, 2004 was reconsidered.
The following Senate Bill on Third Reading and Final Passage,
which was made Special Order of the Day No. 1, was taken up and
SENATE BILL NO. 253— acted upon as follows:
BY SENATOR B. GAUTREAUX
AN ACT SENATE BILL NO. 472—
To amend and reenact R.S. 56:103(B) and (C)(1), 104(A)(3) and (4), BY SENATOR DARDENNE
and 140(A); relative to nongame quadrupeds; to include bobcats AN ACT
in the open season for taking nongame quadrupeds; and to To enact Chapter 59 of Title 37 of the Louisiana Revised Statutes of
provide for related matters. 1950, to be comprised of R.S. 37:3611 through 3617, and to
repeal Chapter 6 of Title 34 of the Louisiana Revised Statutes
On motion of Senator B. Gautreaux, the bill was read by title and of 1950, comprised of R.S. 34:941 through 1127, and R.S.
returned to the Calendar, subject to call. 42:1119(C)(3), relative to marine pilots; to create the Louisiana
River Pilot Commission; to provide for laws regulating such
Rules Suspended occupation; and to provide for related matters.
Senator Michot asked for and obtained a suspension of the rules On motion of Senator Dardenne, Senate Bill No. 472 was made
for the purpose of taking up at this time. Special Order of the Day No. 1 on Thursday, May 20, 2004
immediately following the Morning Hour.
Senate Resolutions
to be Adopted Senate Bills and Joint Resolutions on
Third Reading
The following Senate Resolutions to be adopted, were taken up and Final Passage
and acted upon as follows:
The following Senate Bills and Joint Resolutions on third reading
SENATE RESOLUTION NO. 86— and final passage were taken up and acted upon as follows:
BY SENATOR N. GAUTREAUX
A RESOLUTION
To commend Vermilion Catholic High School on winning the Class
1A State Football Championship.
914
28th DAY'S PROCEEDINGS Page 21 SENATE
May 19, 2004
SENATE BILL NO. 842— HOUSE CONCURRENT RESOLUTION NO. 13—
BY SENATOR ROMERO BY REPRESENTATIVES MORRELL, HONEY, AND HUDSON
AN ACT A CONCURRENT RESOLUTION
To enact Chapter 45 of Title 34 of the Louisiana Revised Statutes of To urge and request the United States Congress to provide sufficient
1950, to be comprised of R.S. 34:3301 through 3313, inclusive, funding for full implementation of the "No Child Left Behind
relative to the Acadiana Gulf of Mexico Access Channel; to Act" of 2001.
provide relative to objects and purpose, powers, coordination
and cooperation; to authorize certain expropriation powers of Reported favorably by the Committee on Education.
the department; to provide relative to duties of the Department
of Transportation and Development; to provide relative to the The resolution was read by title. Senator Boissiere moved to
Acadiana Gulf of Mexico Access Channel; to provide certain concur in the House Concurrent Resolution.
procedures, terms, and conditions;to authorizecertain activities;
and to provide for related matters. ROLL CALL
The bill was read by title. Senator Romero moved the final The roll was called with the following result:
passage of the bill.
YEAS
ROLL CALL
Mr. President Ellington Lentini
The roll was called with the following result: Adley Fields Malone
Amedee Fontenot Marionneaux
YEAS Bajoie Gautreaux, B McPherson
Barham Heitmeier Michot
Mr. President Fields Marionneaux Boissiere Holden Mount
Amedee Fontenot McPherson Chaisson Hollis Nevers
Bajoie Gautreaux, B Michot Cravins Irons Romero
Barham Hainkel Mount Dardenne Jackson Schedler
Boasso Heitmeier Nevers Duplessis Jones Smith
Boissiere Holden Romero Dupre Kostelka Ullo
Chaisson Hollis Schedler Total—33
Cheek Irons Smith NAYS
Cravins Jackson Theunissen
Dardenne Jones Ullo Total—0
Duplessis Kostelka ABSENT
Dupre Malone
Total—34 Boasso Cheek Hainkel
NAYS Cain Gautreaux, N Theunissen
Total—6
Total—0
ABSENT The Chair declared the Senate had concurred in the House
Concurrent Resolution and ordered it returned to the House.
Adley Ellington Lentini
Cain Gautreaux, N HOUSE CONCURRENT RESOLUTION NO. 20—
Total—5 BY REPRESENTATIVES FANNIN, ALEXANDER, BADON, CROWE,
DOWNS, FUTRELL, HONEY, HUDSON, T. POWELL, JANE SMITH,
AND TRAHAN
The Chair declared the bill was passed. The title was read and A CONCURRENT RESOLUTION
adopted. Senator Romero moved to reconsider the vote by which the To memorialize the United States Congress to support an amendment
bill was passed and laid the motion on the table. to the proposed federal budget for Fiscal Year 2005 to fully fund
the No Child Left Behind Act of 2001.
House Concurrent Resolutions
on Second Reading Reported favorably by the Committee on Education.
Reported by Committees
The resolution was read by title. Senator Kostelka moved to
The following House Concurrent Resolutions reported by concur in the House Concurrent Resolution.
Committees were taken up and acted upon as follows:
ROLL CALL
The roll was called with the following result:
YEAS
915
Page 22 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
Mr. President Ellington Malone Boasso Cheek Hainkel
Adley Fields Marionneaux Cain Gautreaux, N Hollis
Amedee Fontenot McPherson Total—6
Bajoie Gautreaux, B Michot
Barham Heitmeier Mount The Chair declared the Senate had concurred in the House
Boissiere Hollis Nevers Concurrent Resolution and ordered it returned to the House.
Chaisson Irons Romero
Cravins Jackson Schedler HOUSE CONCURRENT RESOLUTION NO. 24—
Dardenne Jones Smith BY REPRESENTATIVES LAFLEUR AND TRAHAN
A CONCURRENT RESOLUTION
To continue the existence of the Louisiana Commission on French,
Duplessis Kostelka Ullo created in 2001, to assess the condition of the French language
Dupre Lentini in Louisiana.
Total—32
NAYS Reported favorably by the Committee on Education.
Total—0 The resolution was read by title. Senator Hines moved to concur
ABSENT in the House Concurrent Resolution.
Boasso Gautreaux, N Theunissen ROLL CALL
Cain Hainkel
Cheek Holden The roll was called with the following result:
Total—7
YEAS
The Chair declared the Senate had concurred in the House
Concurrent Resolution and ordered it returned to the House. Mr. President Ellington Malone
Adley Fields Marionneaux
HOUSE CONCURRENT RESOLUTION NO. 23— Amedee Fontenot McPherson
BY REPRESENTATIVES LAFLEUR AND TRAHAN Bajoie Gautreaux, B Michot
A CONCURRENT RESOLUTION Barham Heitmeier Mount
To memorialize congress to take appropriate action to expedite the Boissiere Holden Nevers
approval process necessary for foreign teachers to teach in the Chaisson Hollis Romero
state's French immersion program. Cravins Irons Schedler
Dardenne Jackson Smith
Reported favorably by the Committee on Education. Duplessis Jones Theunissen
Dupre Lentini Ullo
The resolution was read by title. Senator Hines moved to concur Total—33
in the House Concurrent Resolution. NAYS
ROLL CALL Total—0
ABSENT
The roll was called with the following result:
Boasso Cheek Hainkel
YEAS Cain Gautreaux, N Kostelka
Total—6
Mr. President Ellington Malone
Adley Fields Marionneaux The Chair declared the Senate had concurred in the House
Amedee Fontenot McPherson Concurrent Resolution and ordered it returned to the House.
Bajoie Gautreaux, B Michot
Barham Heitmeier Mount HOUSE CONCURRENT RESOLUTION NO. 53—
Boissiere Holden Nevers BY REPRESENTATIVE HUTTER
Chaisson Irons Romero A CONCURRENT RESOLUTION
Cravins Jackson Schedler To urge and request the chancellor of each community college under
Dardenne Jones Smith the management and supervision of the Board of Supervisors of
Duplessis Kostelka Theunissen Community and Technical Colleges to establish a rapid response
Dupre Lentini Ullo team for his or her respective college in order to efficiently and
Total—33 effectively respond to the needs of business and industry by
NAYS providing a highly skilled labor force.
Total—0 Reported favorably by the Committee on Education.
ABSENT
916
28th DAY'S PROCEEDINGS Page 23 SENATE
May 19, 2004
The resolution was read by title. Senator Jackson moved to Boasso Heitmeier Mount
concur in the House Concurrent Resolution. Boissiere Holden Nevers
Chaisson Hollis Romero
ROLL CALL Cheek Irons Schedler
Cravins Jackson Smith
The roll was called with the following result: Dardenne Jones Theunissen
Duplessis Kostelka Ullo
YEAS Total—36
NAYS
Mr. President Dupre Malone
Adley Ellington Marionneaux Total—0
Amedee Fields McPherson ABSENT
Bajoie Fontenot Michot
Barham Gautreaux, B Mount Cain Gautreaux, N Hainkel
Boasso Heitmeier Nevers Total—3
Chaisson Holden Romero
Cheek Hollis Schedler The Chair declared the Senate had concurred in the House
Cravins Irons Smith Concurrent Resolution and ordered it returned to the House.
Dardenne Jackson Theunissen
Duplessis Lentini Ullo HOUSE CONCURRENT RESOLUTION NO. 83—
BY REPRESENTATIVE CROWE
Total—33
A CONCURRENT RESOLUTION
NAYS
To urge and request the State Board of Elementary and Secondary
Education to further study issues relative to school entrance age
Total—0
requirements as specified in House Concurrent Resolution No.
ABSENT
196 of the 2003 Regular Session, including but not limited to the
advantages and disadvantages of requiring that children be six
Boissiere Gautreaux, N Jones
Hainkel Kostelka years old prior to September thirtieth to enter the first grade and
Cain
to submit a written report of its findings and recommendations
Total—6
t o the House Committee on Education and the Sen a t e
Committee on Education by not later than December 15, 2004.
The Chair declared the Senate had concurred in the House
Concurrent Resolution and ordered it returned to the House.
Reported favorably by the Committee on Education.
HOUSE CONCURRENT RESOLUTION NO. 77—
BY REPRESENTATIVES GALLOT, ALEXANDER, BADON, CRANE, The resolution was read by title. Senator Schedler moved to
DOWNS, FANNIN, FUTRELL, HONEY, HUDSON, KENNEY, T. concur in the House Concurrent Resolution.
POWELL, M. POWELL, RITCHIE, JANE SMITH, AND TRAHAN
A CONCURRENT RESOLUTION
To urge and request the State Board of Elementary and Secondary ROLL CALL
Education to study cost issues relative to the implementation of
The roll was called with the following result:
the No Child Left Behind Act of 2001, and to determine any
potential costs associated with changing the state's school and
district accountability system to comply with the act and, YEAS
should the state not comply with the act, any potential loss of
Mr. President Ellington Malone
federal funding.
Adley Fields Marionneaux
Amedee Fontenot McPherson
Reported favorably by the Committee on Education.
Bajoie Gautreaux, B Michot
Barham Gautreaux, N Mount
The resolution was read by title. Senator Kostelka moved to
Boasso Heitmeier Nevers
concur in the House Concurrent Resolution.
Chaisson Holden Romero
Cheek Hollis Schedler
ROLL CALL Cravins Irons Smith
Dardenne Jackson Theunissen
The roll was called with the following result:
Duplessis Jones Ullo
Dupre Lentini
YEAS Total—35
NAYS
Mr. President Dupre Lentini
Adley Ellington Malone
Total—0
Amedee Fields Marionneaux
ABSENT
Bajoie Fontenot McPherson
Barham Gautreaux, B Michot
917
Page 24 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
Boissiere Hainkel HOUSE CONCURRENT RESOLUTION NO. 91—
Cain Kostelka BY REPRESENTATIVE CRANE
Total—4 A CONCURRENT RESOLUTION
To continue the existence of the Commission on Best Practices in
The Chair declared the Senate had concurred in the House School Discipline, created in 2003 to study and establish a
Concurrent Resolution and ordered it returned to the House. compendium of best practices at the state, district, school, and
classroom levels that may be utilized by every teacher,
HOUSE CONCURRENT RESOLUTION NO. 88— administrator, and superintendent in the state for improving
BY REPRESENTATIVES JANE SMITH, BADON, CROWE, DOWNS, discipline in the classroom.
FANNIN, FUTRELL, HONEY, HUDSON, M. POWELL, T. POWELL,
AND RITCHIE
Reported favorably by the Committee on Education.
A CONCURRENT RESOLUTION
To urge and request the State Board of Elementary and Secondary
Education to revise Louisiana's definition of "highly qualified" The resolution was read by title. Senator Dardenne moved to
teacher that was developed and adopted by the board as required concur in the House Concurrent Resolution.
by the federal No Child Left Behind Act, to be similar to such
definitions established in the states of Ohio and Arkansas and to ROLL CALL
submit a written report on the status of such revision to the
House Committee on Education and the Senate Committee on The roll was called with the following result:
Education by not later than June 1, 2004.
YEAS
Reported favorably by the Committee on Education.
Mr. President Dupre Jones
The resolution was read by title. Senator Malone moved to Adley Ellington Lentini
concur in the House Concurrent Resolution. Amedee Fields Malone
Bajoie Fontenot McPherson
ROLL CALL Barham Gautreaux, B Michot
Boasso Gautreaux, N Mount
Boissiere Hainkel Nevers
The roll was called with the following result:
Chaisson Heitmeier Romero
Cheek Holden Schedler
YEAS
Cravins Hollis Smith
Mr. President Ellington Malone Dardenne Irons Theunissen
Adley Fields Marionneaux Duplessis Jackson Ullo
Fontenot McPherson Total—36
Amedee
Bajoie Gautreaux, B Michot NAYS
Barham Gautreaux, N Mount
Total—0
Boasso Hainkel Nevers
Boissiere Heitmeier Romero ABSENT
Chaisson Holden Schedler
Cain Kostelka Marionneaux
Cheek Hollis Smith
Cravins Irons Theunissen Total—3
Dardenne Jackson Ullo
The Chair declared the Senate had concurred in the House
Duplessis Jones
Concurrent Resolution and ordered it returned to the House.
Dupre Lentini
Total—37
House Bills and Joint Resolutions on
Third Reading
NAYS and Final Passage
Total—0 The following House Bills and Joint Resolutions on third reading
ABSENT and final passage were taken up and acted upon as follows:
Cain Kostelka HOUSE BILL NO. 752—
Total—2 BY REPRESENTATIVE MORRISH
AN ACT
The Chair declared the Senate had concurred in the House To amend and reenact R.S. 22:1430.1(12), relative to the Louisiana
Concurrent Resolution and ordered it returned to the House. Citizens Property Insurance Corporations; to provide for
farmowners' multiperil insurance; and to provide for related
matters.
918
28th DAY'S PROCEEDINGS Page 25 SENATE
May 19, 2004
The bill was read by title. Senator Hainkel moved the final Cravins Irons Theunissen
passage of the bill. Dardenne Jackson Ullo
Duplessis Jones
ROLL CALL Dupre Lentini
Total—37
The roll was called with the following result: NAYS
YEAS Total—0
Mr. President Ellington Lentini
Adley Fields Malone
Bajoie Fontenot Marionneaux ABSENT
Barham Gautreaux, B McPherson
Boasso Gautreaux, N Michot Cain Kostelka
Boissiere Hainkel Mount Total—2
Chaisson Heitmeier Nevers
Cheek Holden Romero The Chair declared the bill was passed. The title was read and
Cravins Hollis Schedler adopted. Senator Hainkel moved to reconsider the vote by which the
Dardenne Irons Smith bill was passed and laid the motion on the table.
Duplessis Jackson Theunissen
Dupre Jones Ullo HOUSE BILL NO. 1052—
BY REPRESENTATIVE FARRAR
Total—36
AN ACT
NAYS
To amend and reenact R.S. 22:1379(3)(f) and 1382(A)(3)(f) and (D),
and to repeal R.S. 22:1382(A)(3)(f), relative to the Louisiana
Total—0
Insurance Guaranty Association; to provide for covered claims;
ABSENT
to provide for net worth; and to provide for related matters.
Amedee Cain Kostelka
The bill was read by title. Senator Hainkel moved the final
Total—3
passage of the bill.
The Chair declared the bill was passed. The title was read and
adopted. Senator Hainkel moved to reconsider the vote by which the ROLL CALL
bill was passed and laid the motion on the table.
The roll was called with the following result:
HOUSE BILL NO. 1051—
BY REPRESENTATIVE FARRAR YEAS
AN ACT
To amend and reenact R.S. 22:1386(A) and (B), relative to the Mr. President Ellington Malone
Louisiana Insurance Guaranty Association; to provide for claims Adley Fields Marionneaux
against insurers; to provide for asbestos claims; to provide for Amedee Fontenot McPherson
environmental pollutant claims; to provide for procedures; and Bajoie Gautreaux, B Michot
to provide for related matters. Barham Gautreaux, N Mount
Boasso Hainkel Nevers
The bill was read by title. Senator Hainkel moved the final Boissiere Heitmeier Romero
passage of the bill. Chaisson Holden Schedler
Cheek Hollis Smith
ROLL CALL Cravins Irons Theunissen
Dardenne Jackson Ullo
The roll was called with the following result: Duplessis Jones
Dupre Lentini
YEAS Total—37
NAYS
Mr. President Ellington Malone
Adley Fields Marionneaux Total—0
Amedee Fontenot McPherson ABSENT
Bajoie Gautreaux, B Michot
Barham Gautreaux, N Mount Cain Kostelka
Boasso Hainkel Nevers Total—2
Boissiere Heitmeier Romero
Chaisson Holden Schedler
Cheek Hollis Smith
919
Page 26 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
The Chair declared the bill was passed. The title was read and ROLL CALL
adopted. Senator Hainkel moved to reconsider the vote by which the
bill was passed and laid the motion on the table. The roll was called with the following result:
HOUSE BILL NO. 1072— YEAS
BY REPRESENTATIVES MURRAY AND DURAND
AN ACT Mr. President Ellington Lentini
To amend and reenact R.S. 46:230.1(A) and (C), 231(14), 231.6(B), Adley Fields Malone
231.7(A)(1)(introductory paragraph), (B)(2)(introductory Fontenot Marionneaux
Amedee
paragraph) and (3), and (D)(1), and 231.8(B), relative to TANF; Gautreaux, B McPherson
Bajoie
to provide for coordination between the Louisiana Workforce Gautreaux, N Michot
Barham
Commission and the Department of Social Services; to provide Boasso Hainkel Mount
for collaboration in relation to the STEP program; and to provide Boissiere Heitmeier Nevers
for related matters. Chaisson Holden Romero
Cheek Hollis Schedler
Floor Amendments Sent Up Cravins Irons Smith
Dardenne Jackson Theunissen
Senator Jackson sent up floor amendments which were read. Duplessis Jones Ullo
Dupre Kostelka
SENATE FLOOR AMENDMENTS Total—38
NAYS
Amendments proposed by Senator Jackson to Reengrossed House
Bill No. 1072 by Representative Murray Total—0
ABSENT
AMENDMENT NO. 1
On page 1, at the end of line 2, between “231.6 (B)” and the comma Cain
“,” insert “and (C)” Total—1
AMENDMENT NO. 2 The Chair declared the amended bill was passed. The title was
On page 1, line 8 between “231.6 (B)” and the comma “,” insert “and read and adopted. Senator Jackson moved to reconsider the vote by
(C)” which the bill was passed and laid the motion on the table.
AMENDMENT NO. 3 HOUSE BILL NO. 1126—
On page 2, between lines 27 and 28, insert the following: BY REPRESENTATIVES MURRAY, BROOME, HAMMETT,
“C. The secretary of the department may promulgate rules and LANCASTER, AND SALTER
regulations providing exceptions to the time limitations of this AN ACT
Section in cases of hardship to the extent funds are available. In To amend and reenact R.S. 18:1501.1, relative to forty-eight hour
promulgating rules and regulations, in accordance with the requirements for reporting independent expenditures prior to an
Administrative Procedure Act, the secretary shall address election; to require certain persons who make independent
circumstances: expenditures or accept contributions other than to or from a
(1) Where the individual maintains compliance with the STEP candidate or a political committee to report such contributions
Family Success Agreement pursuant to R.S. 46:231.7. has been or expenditures to the supervisory committee; to provide for the
actively seeking employment by engaging in appropriate job seeking time and manner of such reports; to provide for the amounts of
activities and required work activities as specified in the participant’s the contributions or expenditures which require such reporting;
Family Success Agreement, but is unable to find employment. and to provide for related matters.
(2) Where factors relating to job availability may be unfavorable.
(3) Where an individual loses his job as a result of factors not On motion of Senator Jones, the bill was read by title and
related of his job performance. returned to the Calendar, subject to call.
(4) Where an extension of benefits for up to one year will enable
an individual to complete employment-related education or training, HOUSE BILL NO. 1167—
BY REPRESENTATIVE PINAC
including workplace literacy, and is required as part of a Family AN ACT
Success Agreement, when an individual has received an assessment To amend and reenact R.S. 51:1256(B)(2)(introductory paragraph),
that indicates such activities will likely result in long-term success in (3)(introductory paragraph), and (4), (E), and (G) and
the workforce.” 1284(A)(introductory paragraph) and (B) and to repeal R.S.
51:1256(F), relative to the Louisiana Tourism Development
On motion of Senator Jackson, the amendments were adopted. Commission and the board of directors of the Louisiana Tourism
Promotion District; to provide for appointment and time of
The bill was read by title. Senator Jackson moved final passage service of members; to provide relative to officers; to provide
of the amended bill. relative to confirmation; and to provide for related matters.
920
28th DAY'S PROCEEDINGS Page 27 SENATE
May 19, 2004
The bill was read by title. Senator Michot moved the final Adley Fields Marionneaux
passage of the bill. Amedee Fontenot McPherson
Bajoie Gautreaux, B Michot
ROLL CALL Barham Gautreaux, N Mount
Boasso Hainkel Nevers
The roll was called with the following result: Boissiere Heitmeier Romero
Chaisson Holden Schedler
YEAS Cheek Hollis Smith
Cravins Irons Theunissen
Mr. President Ellington Lentini Dardenne Jackson Ullo
Adley Fields Malone Duplessis Jones
Amedee Fontenot Marionneaux Dupre Lentini
Bajoie Gautreaux, B McPherson Total—37
Barham Gautreaux, N Michot NAYS
Boasso Hainkel Mount
Boissiere Heitmeier Nevers Total—0
Cheek Holden Romero ABSENT
Cravins Hollis Schedler
Dardenne Irons Smith Cain Kostelka
Duplessis Jackson Theunissen Total—2
Dupre Jones Ullo
Total—36 The Chair declared the bill was passed. The title was read and
NAYS adopted. Senator Jones moved to reconsider the vote by which the
bill was passed and laid the motion on the table.
Total—0
ABSENT HOUSE BILL NO. 1397—
BY REPRESENTATIVE PINAC
Chaisson Kostelka AN ACT
Cain
To amend and reenact R.S. 51:1257(B) and 1286(C)(3) and to repeal
Total—3
R.S. 51:1260, 1261, and 1271 through 1276, relative to the office
of tourism and the Louisiana Tourism Development
The Chair declared the bill was passed. The title was read and
Commission; to repeal the requirement for submittal of an
adopted. Senator Michot moved to reconsider the vote by which the
annual report; to repeal the requirement of formulation of a
bill was passed and laid the motion on the table.
master plan for tourism development; to repeal the Act 455
Matching Funds Program; and to provide for related matters.
HOUSE BILL NO. 1246—
BY REPRESENTATIVES LAFLEUR, CAZAYOUX, BALDONE, K.
CARTER, DOWNS, ERDEY, FAUCHEUX, FLAVIN, GALLOT, The bill was read by title. Senator Michot moved the final
HAMMETT, LANCASTER, PITRE, GARY SMITH, JACK SMITH,
STRAIN, THOMPSON, TOWNSEND, AND WALSWORTH passage of the bill.
AN ACT
To amend and reenact R.S. 42:1132(D), 1134(N), and 1157(A)(1) and ROLL CALL
(3) and to enact R.S. 24:55(G) and Part IV of Chapter 1 of Title
49 of the Louisiana Revised Statutes of 1950, to be comprised The roll was called with the following result:
of R.S. 49:71 through 78, relative to the regulation of lobbying;
to provide for the regulation of lobbying in state government; to YEAS
provide for the reporting of certain expenditures by principals
and employers of lobbyists; to provide for lobbying of the Mr. President Ellington Lentini
executive branch; to provide for definitions; to provide for Adley Fields Marionneaux
registration, reporting, and disclosure; to provide for Amedee Fontenot McPherson
administration and enforcement; to provide for penalties; and to Bajoie Gautreaux, B Michot
provide for related matters. Barham Gautreaux, N Mount
Boasso Hainkel Nevers
The bill was read by title. Senator Jones moved the final Boissiere Heitmeier Romero
passage of the bill. Chaisson Holden Schedler
Cheek Hollis Smith
ROLL CALL Cravins Irons Theunissen
Dardenne Jackson Ullo
The roll was called with the following result: Duplessis Jones
Dupre Kostelka
YEAS Total—37
NAYS
Mr. President Ellington Malone
921
Page 28 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
Malone The bill was read by title. Senator Hainkel moved the final
Total—1 passage of the bill.
ABSENT
ROLL CALL
Cain
Total—1 The roll was called with the following result:
The Chair declared the bill was passed. The title was read and YEAS
adopted. Senator Michot moved to reconsider the vote by which the
bill was passed and laid the motion on the table. Mr. President Ellington Lentini
Adley Fields Malone
HOUSE BILL NO. 79— Amedee Fontenot Marionneaux
BY REPRESENTATIVE HUTTER
Bajoie Gautreaux, B McPherson
AN ACT Barham Gautreaux, N Michot
To amend and reenact R.S. 38:301(A)(3), relative to the authority of
Boasso Hainkel Mount
levee boards; to authorize the construction of bicycle paths and Heitmeier Nevers
Boissiere
walkways along the main line levees of the Mississippi River in Holden Romero
Chaisson
St. Bernard Parish; and to provide for related matters. Cheek Hollis Schedler
Cravins Irons Smith
The bill was read by title. Senator Hainkel moved the final Dardenne Jackson Theunissen
passage of the bill. Jones Ullo
Duplessis
Dupre Kostelka
ROLL CALL Total—38
NAYS
The roll was called with the following result:
Total—0
YEAS ABSENT
Mr. President Ellington Lentini Cain
Adley Fields Malone Total—1
Amedee Fontenot Marionneaux
Bajoie Gautreaux, B McPherson The Chair declared the bill was passed. The title was read and
Barham Gautreaux, N Michot adopted. Senator Hainkel moved to reconsider the vote by which the
Boasso Hainkel Mount bill was passed and laid the motion on the table.
Boissiere Heitmeier Nevers
Chaisson Holden Romero HOUSE BILL NO. 139—
Cheek Hollis Schedler BY REPRESENTATIVES HUTTER, BEARD, DANIEL, DOVE,
Cravins Irons Smith DOWNS, ERDEY, FANNIN, M. GUILLORY, LAMBERT, PITRE, M.
POWELL, SMILEY, TUCKER, ALARIO, ALEXANDER, ARNOLD,
Dardenne Jackson Theunissen BALDONE, BAUDOIN, BROOME, BRUCE, CAZAYOUX, CROWE,
Duplessis Jones Ullo DAMICO, DARTEZ, DEWITT, DOERGE, DORSEY, DURAND,
FARRAR, FAUCHEUX, FRITH, FUTRELL, E. GUILLORY,
Dupre Kostelka HAMMETT, HEATON, HEBERT, HILL, HUNTER, JACKSON,
Total—38 JOHNS, KATZ, KENNARD, KENNEY, LAFLEUR, MARCHAND,
NAYS MCDONALD, MONTGOMERY, MORRELL, MURRAY, ODINET,
PIERRE, PINAC, T. POWELL, QUEZAIRE, RITCHIE, ROMERO,
SALTER, SCALISE, SCHNEIDER, SHEPHERD, GARY SMITH, JACK
Total—0 SMITH, JOHN SMITH, STRAIN, THOMPSON, TOWNSEND,
WALKER, WALSWORTH, WINSTON, WOOTON, AND WRIGHT
ABSENT AN ACT
To amend and reenact R.S. 47:463.4(D) and 463.11(E), relative to
Cain motor vehicle special license plates; to require the Department
Total—1 of Public Safety and Corrections to issue mobility impaired hang
tags to persons with or receiving disabled veterans special
The Chair declared the bill was passed. The title was read and license plates; to provide relative to fees, renewals, and
adopted. Senator Hainkel moved to reconsider the vote by which the replacements for such hang tags; and to provide for related
bill was passed and laid the motion on the table. matters.
HOUSE BILL NO. 107—
BY REPRESENTATIVE HUTTER The bill was read by title. Senator Hainkel moved the final
AN ACT passage of the bill.
To amend and reenact R.S. 34:1(B)(3), relative to the Port of New
Orleans; to provide relative to nominations for membership on
the board of commissioners of the Port of New Orleans; and to
provide for related matters.
922
28th DAY'S PROCEEDINGS Page 29 SENATE
May 19, 2004
ROLL CALL Duplessis Jones Ullo
Dupre Kostelka
The roll was called with the following result: Total—38
NAYS
YEAS
Total—0
Mr. President Ellington Lentini ABSENT
Adley Fields Malone
Amedee Fontenot Marionneaux Cain
Bajoie Gautreaux, B McPherson Total—1
Barham Gautreaux, N Michot
Boasso Hainkel Mount The Chair declared the bill was passed. The title was read and
Boissiere Heitmeier Nevers adopted. Senator B. Gautreaux moved to reconsider the vote by
Chaisson Holden Romero which the bill was passed and laid the motion on the table.
Cheek Hollis Schedler
Cravins Irons Smith HOUSE BILL NO. 393—
Jackson Theunissen BY REPRESENTATIVES ANSARDI, BOWLER, DAMICO,
Dardenne LABRUZZO, LANCASTER, MARTINY, SCALISE, TOOMY, AND
Duplessis Jones Ullo TUCKER AND SENATORS BOISSIERE, HAINKEL, HOLLIS,
Dupre Kostelka LENTINI, AND ULLO
Total—38 AN ACT
NAYS To amend and reenact R.S. 34:1(B)(2), relative to the Port of New
Orleans; to provide relative to nominations for membership on
Total—0 the port's board of commissioners; and to provide for related
ABSENT matters.
The bill was read by title. Senator Lentini moved the final
Cain
Total—1 passage of the bill.
The Chair declared the bill was passed. The title was read and ROLL CALL
adopted. Senator Hainkel moved to reconsider the vote by which the
bill was passed and laid the motion on the table. The roll was called with the following result:
HOUSE BILL NO. 168— YEAS
BY REPRESENTATIVES JACK SMITH, HUDSON, AND ST.
GERMAIN AND SENATOR MARIONNEAUX Mr. President Ellington Lentini
AN ACT Adley Fields Malone
To amend and reenact R.S. 56:322.1(B), (D), and (F)(4), relative to Amedee Fontenot Marionneaux
use of shad seines for commercial taking of shad or skipjack; to Bajoie Gautreaux, B McPherson
authorize the taking of other freshwater commercial fish; to Barham Gautreaux, N Michot
authorize use of such nets at night in specified locations; to Hainkel Mount
Boasso
authorize weekend fishing; to prohibit interference with Boissiere Heitmeier Nevers
commercial shipping; and to provide for related matters. Chaisson Holden Romero
Cheek Hollis Schedler
The bill was read by title. Senator B. Gautreaux moved the final Cravins Irons Smith
passage of the bill. Dardenne Jackson Theunissen
ROLL CALL Duplessis Jones Ullo
Dupre Kostelka
The roll was called with the following result: Total—38
NAYS
YEAS
Total—0
Mr. President Ellington Lentini ABSENT
Adley Fields Malone
Amedee Fontenot Marionneaux Cain
Bajoie Gautreaux, B McPherson Total—1
Barham Gautreaux, N Michot
Boasso Hainkel Mount The Chair declared the bill was passed. The title was read and
Boissiere Heitmeier Nevers adopted. Senator Lentini moved to reconsider the vote by which the
Chaisson Holden Romero bill was passed and laid the motion on the table.
Cheek Hollis Schedler
Cravins Irons Smith
Dardenne Jackson Theunissen
923
Page 30 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
HOUSE BILL NO. 595— Amedee Fontenot McPherson
BY REPRESENTATIVE JACK SMITH AND SENATOR DUPRE Bajoie Gautreaux, B Michot
AN ACT Barham Gautreaux, N Mount
To amend and reenact R.S. 56:646, relative to the Louisiana Boasso Hainkel Nevers
Sportsman's Paradise license; to provide relative to gear covered Boissiere Heitmeier Romero
by the license; and to provide for related matters. Chaisson Holden Schedler
Cheek Hollis Smith
The bill was read by title. Senator Dupre moved the final Cravins Irons Theunissen
passage of the bill. Dardenne Jackson Ullo
Duplessis Jones
ROLL CALL Dupre Kostelka
Total—37
The roll was called with the following result: NAYS
YEAS Lentini
Total—1
Mr. President Ellington Malone ABSENT
Adley Fields Marionneaux
Amedee Fontenot McPherson Cain
Bajoie Gautreaux, B Michot Total—1
Barham Gautreaux, N Mount
Boasso Hainkel Nevers The Chair declared the bill was passed. The title was read and
Boissiere Heitmeier Romero adopted. Senator B. Gautreaux moved to reconsider the vote by
Chaisson Holden Schedler which the bill was passed and laid the motion on the table.
Cheek Hollis Smith
Cravins Irons Theunissen HOUSE BILL NO. 597—
Dardenne Jackson Ullo BY REPRESENTATIVES JACK SMITH AND FRITH AND SENATOR
Jones B. GAUTREAUX
Duplessis
Lentini AN ACT
Dupre
To amend and reenact R.S. 56:303.5 and 325.3(A)(1), relative to
Total—37
commercial fishing; to provide that all finfish found on board a
NAYS
vessel operated by a person with a commercial fishing license
are presumed to have been caught for commercial purposes; to
Total—0
provide relative to possession of spotted sea trout; and to
ABSENT
provide for related matters.
Cain Kostelka
The bill was read by title. Senator B. Gautreaux moved the final
Total—2
passage of the bill.
The Chair declared the bill was passed. The title was read and
adopted. Senator Dupre moved to reconsider the vote by which the ROLL CALL
bill was passed and laid the motion on the table.
The roll was called with the following result:
HOUSE BILL NO. 596—
BY REPRESENTATIVE JACK SMITH AND SENATOR B. YEAS
GAUTREAUX
AN ACT Mr. President Ellington Lentini
To amend and reenact R.S. 56:305.3 and to enact R.S. 56:302.3(E), Adley Fields Malone
relative to recreational and commercial fishing gear licenses; to Amedee Fontenot Marionneaux
provide relative to temporary transfer of such licenses; and to Bajoie Gautreaux, B McPherson
provide for related matters. Barham Gautreaux, N Michot
Boasso Hainkel Mount
The bill was read by title. Senator B. Gautreaux moved the final Boissiere Heitmeier Nevers
passage of the bill. Chaisson Holden Romero
Cheek Hollis Schedler
ROLL CALL Cravins Irons Smith
Dardenne Jackson Theunissen
The roll was called with the following result: Duplessis Jones Ullo
Dupre Kostelka
YEAS Total—38
NAYS
Mr. President Ellington Malone
Adley Fields Marionneaux Total—0
924
28th DAY'S PROCEEDINGS Page 31 SENATE
May 19, 2004
ABSENT
ROLL CALL
Cain
Total—1 The roll was called with the following result:
The Chair declared the bill was passed. The title was read and YEAS
adopted. Senator B. Gautreaux moved to reconsider the vote by
which the bill was passed and laid the motion on the table. Mr. President Ellington Malone
Adley Fields Marionneaux
HOUSE BILL NO. 598— Amedee Fontenot McPherson
BY REPRESENTATIVE DARTEZ AND SENATORS DUPRE AND B. Gautreaux, B Michot
GAUTREAUX Bajoie
AN ACT Barham Gautreaux, N Mount
To amend and reenact R.S. 56:322(C)(7), relative to fishing nets; to Boasso Hainkel Nevers
require unattended nets and trawls in saltwater areas to be Boissiere Heitmeier Romero
tagged; and to provide for related matters. Chaisson Holden Schedler
Cheek Hollis Smith
The bill was read by title. Senator B. Gautreaux moved the final Cravins Irons Theunissen
passage of the bill. Dardenne Jackson Ullo
Duplessis Kostelka
ROLL CALL Dupre Lentini
Total—37
The roll was called with the following result: NAYS
Total—0
YEAS
ABSENT
Mr. President Ellington Lentini
Adley Fields Malone Cain Jones
Fontenot Marionneaux Total—2
Amedee
Bajoie Gautreaux, B McPherson
The Chair declared the bill was passed. The title was read and
Barham Gautreaux, N Michot
adopted. Senator B. Gautreaux moved to reconsider the vote by
Boasso Hainkel Mount
Boissiere Heitmeier Nevers which the bill was passed and laid the motion on the table.
Chaisson Holden Romero
Hollis Schedler HOUSE BILL NO. 605—
Cheek BY REPRESENTATIVES FRITH AND PIERRE AND SENATOR B.
Cravins Irons Smith GAUTREAUX
Dardenne Jackson Theunissen AN ACT
Duplessis Jones Ullo To repeal R.S. 56:306(B)(6), relative to wholesale/retail seafood
Dupre Kostelka dealers' licenses; to remove an exemption for restaurants from
Total—38 the requirement for the license; and to provide for related
NAYS matters.
Total—0 The bill was read by title. Senator B. Gautreaux moved the final
ABSENT passage of the bill.
Cain ROLL CALL
Total—1
The roll was called with the following result:
The Chair declared the bill was passed. The title was read and
adopted. Senator B. Gautreaux moved to reconsider the vote by YEAS
which the bill was passed and laid the motion on the table.
Mr. President Dupre Lentini
HOUSE BILL NO. 600— Adley Ellington Malone
BY REPRESENTATIVES JACK SMITH AND PIERRE AND Fields Marionneaux
SENATORS B. GAUTREAUX AND MALONE Amedee
AN ACT Bajoie Fontenot McPherson
To enact R.S. 56:319.2, relative to exotic fish; to provide for the Barham Gautreaux, B Michot
designation of fish as exotic; to provide for the taking of exotic Boasso Gautreaux, N Mount
fish; and to provide for related matters. Boissiere Hainkel Nevers
Chaisson Heitmeier Romero
The bill was read by title. Senator B. Gautreaux moved the final Cheek Holden Schedler
passage of the bill. Cravins Hollis Smith
Dardenne Irons Theunissen
925
Page 32 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
Duplessis Jackson Ullo HOUSE BILL NO. 272—
Total—36 BY REPRESENTATIVES DURAND, THOMPSON, SALTER, JOHN
SMITH, STRAIN, TOOMY, CURTIS, DOERGE, DORSEY, GRAY, E.
NAYS GUILLORY, M. GUILLORY, KATZ, MARCHAND, MCDONALD,
STRAIN, WADDELL, WALKER, WINSTON, ALEXANDER,
ANSARDI, ARNOLD, BADON, BALDONE, BAUDOIN, BAYLOR,
Total—0 B EARD, BROOME, BRUCE, BURNS, BURRELL, K. CARTER, R.
CARTER, CAZAYOUX, CROWE, DAMICO, DANIEL, DARTEZ,
DEWITT, DOVE, DOWNS, ERDY, FANNIN, FARRAR, FAUCHEUX,
FLAVIN, FRITH, FUTRELL, GALLOT, GLOVER, HEATON, HEBERT,
HILL, HONEY, HOPKINS, HUNTER, JACKSON, JEFFERSON,
ABSENT KENNEY, LAFLEUR, MARTINY, MCVEA, MONTGOMERY,
MURRAY, ODINET, PIERRE, PINAC, PITRE, M. POWELL, T.
POWELL, QUEZAIRE, RICHMOND, RITCHIE, ROMERO,
Cain Jones Kostelka SHEPHERD, SMILEY, GARY SMITH, JACK SMITH, JANE SMITH,
ST. GERMAIN, TOWNSEND, TRICHE, TUCKER, AND WRIGHT
Total—3 AND SENATORS BARHAM, HINES, JONES, MCPHERSON, AND
SCHEDLER
The Chair declared the bill was passed. The title was read and AN ACT
adopted. Senator B. Gautreaux moved to reconsider the vote by To amend and reenact R.S. 36:801.1(A) and to enact R.S. 36:259(J)
which the bill was passed and laid the motion on the table. and Chapter 34 of Title 40 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 40:2841 through 2846, relative to
HOUSE BILL NO. 609— the Louisiana Emergency Response Network (LERN); to
BY REPRESENTATIVES JACK SMITH AND PIERRE AND provide for statement of purpose; to provide for definitions; to
SENATORS B. GAUTREAUX AND MALONE
provide for the creation of the Louisiana Emergency Response
AN ACT
Network; to provide for the board and its membership,
To amend and reenact R.S. 56:116(D) and 699.5(A), relative to youth
appointments, terms of office, vacancies, meetings,
hunting; to provide relative to the supervision of persons under
compensation, functions, powers, and duties; to provide for
the age of sixteen participating in hunting activities; and to
rules and regulations; to provide for an effective date; and to
provide for related matters.
provide for related matters.
The bill was read by title. Senator B. Gautreaux moved the final
The bill was read by title. Senator McPherson moved the final
passage of the bill.
passage of the bill.
ROLL CALL
ROLL CALL
The roll was called with the following result: The roll was called with the following result:
YEAS
YEAS
Mr. President Ellington Lentini
Adley Fields Malone
Mr. President Ellington Lentini
Amedee Fontenot Marionneaux
Adley Fields Malone
Bajoie Gautreaux, B McPherson
Amedee Fontenot Marionneaux
Barham Gautreaux, N Michot
Bajoie Gautreaux, B McPherson
Boasso Hainkel Mount
Barham Gautreaux, N Michot
Boissiere Heitmeier Nevers
Boasso Hainkel Mount
Chaisson Holden Romero
Boissiere Heitmeier Nevers
Cheek Hollis Schedler
Chaisson Holden Romero
Cravins Irons Smith
Cheek Hollis Schedler
Dardenne Jackson Theunissen
Cravins Irons Smith
Duplessis Jones Ullo
Dardenne Jackson Theunissen
Dupre Kostelka
Duplessis Jones Ullo
Total—38
Dupre Kostelka
NAYS
Total—38
NAYS
Total—0
ABSENT
Total—0
ABSENT
Cain
Total—1
Cain
The Chair declared the bill was passed. The title was read and Total—1
adopted. Senator B. Gautreaux moved to reconsider the vote by
The Chair declared the bill was passed. The title was read and
which the bill was passed and laid the motion on the table.
adopted. Senator McPherson moved to reconsider the vote by which
the bill was passed and laid the motion on the table.
926
28th DAY'S PROCEEDINGS Page 33 SENATE
May 19, 2004
HOUSE BILL NO. 277— Adley Fields Malone
BY REPRESENTATIVE ALARIO Amedee Fontenot Marionneaux
AN ACT Bajoie Gautreaux, B McPherson
To amend and reenact R.S. 39:100.1(C), relative to the Sports Barham Gautreaux, N Michot
Facility Assistance Fund; to provide for the use of monies in the Boasso Hainkel Mount
fund; to provide for monies in the fund to be appropriated to the Boissiere Heitmeier Nevers
FORE Kids Foundation, Inc.; to provide for an effective date; Chaisson Holden Romero
and to provide for related matters. Cheek Hollis Schedler
Cravins Irons Smith
The bill was read by title. Senator Lentini moved the final Dardenne Jackson Theunissen
passage of the bill. Duplessis Jones Ullo
Dupre Kostelka
ROLL CALL Total—38
NAYS
The roll was called with the following result:
Total—0
YEAS ABSENT
Mr. President Ellington Lentini Cain
Adley Fields Malone Total—1
Amedee Fontenot Marionneaux
Bajoie Gautreaux, B McPherson The Chair declared the bill was passed. The title was read and
Barham Gautreaux, N Michot adopted. Senator Lentini moved to reconsider the vote by which the
Boasso Hainkel Mount bill was passed and laid the motion on the table.
Boissiere Heitmeier Nevers
Chaisson Holden Romero HOUSE BILL NO. 467—
Cheek Hollis Schedler BY REPRESENTATIVES ALARIO AND HEATON
Cravins Irons Smith AN ACT
Dardenne Jackson Theunissen To amend and reenact R.S. 39:1366(4), relative to the duties of the
Duplessis Jones Ullo state treasurer; to authorize the state treasurer to make certain
Dupre Kostelka payments; to provide for an effective date; and to provide for
Total—38 related matters.
NAYS
The bill was read by title. Senator Lentini moved the final
Total—0 passage of the bill.
ABSENT
ROLL CALL
Cain
Total—1 The roll was called with the following result:
The Chair declared the bill was passed. The title was read and YEAS
adopted. Senator Lentini moved to reconsider the vote by which the
bill was passed and laid the motion on the table. Mr. President Ellington Lentini
Adley Fields Malone
HOUSE BILL NO. 466— Amedee Fontenot Marionneaux
BY REPRESENTATIVE ALARIO Bajoie Gautreaux, B McPherson
AN ACT Barham Gautreaux, N Michot
To amend and reenact R.S. 49:327(B)(1)(d), relative to the Boasso Hainkel Mount
investment of state funds; to provide for competitive bidding for Boissiere Heitmeier Nevers
time certificate of deposit and share accounts; to provide for an Chaisson Holden Romero
effective date; and to provide for related matters. Cheek Hollis Schedler
Cravins Irons Smith
The bill was read by title. Senator Lentini moved the final Dardenne Jackson Theunissen
passage of the bill. Duplessis Jones Ullo
Dupre Kostelka
ROLL CALL Total—38
NAYS
The roll was called with the following result:
Total—0
YEAS ABSENT
Mr. President Ellington Lentini
927
Page 34 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
Cain HOUSE BILL NO. 1387—
Total—1 BY REPRESENTATIVES JOHNS AND SCHNEIDER
AN ACT
The Chair declared the bill was passed. The title was read and To amend and reenact R.S. 47:2101(A)(3), relative to the payment of
adopted. Senator Lentini moved to reconsider the vote by which the ad valorem taxes; to provide that interest shall not be assessed
bill was passed and laid the motion on the table. if the payment was timely made; and to provide for related
matters.
HOUSE BILL NO. 668—
BY REPRESENTATIVES MONTGOMERY AND DANIEL The bill was read by title. Senator Mount moved the final
AN ACT passage of the bill.
To enact R.S. 30:148.1.1, relative to underground storage of
hydrocarbons; to define reservoir; and to provide for related ROLL CALL
matters.
The roll was called with the following result:
The bill was read by title. Senator Malone moved the final
passage of the bill. YEAS
ROLL CALL Mr. President Ellington Lentini
Adley Fields Malone
The roll was called with the following result: Amedee Fontenot Marionneaux
Bajoie Gautreaux, B McPherson
YEAS Barham Gautreaux, N Michot
Boasso Hainkel Mount
Mr. President Ellington Lentini Boissiere Heitmeier Nevers
Adley Fields Malone Chaisson Holden Romero
Amedee Fontenot Marionneaux Cheek Hollis Schedler
Bajoie Gautreaux, B McPherson Cravins Irons Smith
Barham Gautreaux, N Michot Dardenne Jackson Theunissen
Boasso Hainkel Mount Duplessis Jones Ullo
Boissiere Heitmeier Nevers Dupre Kostelka
Chaisson Holden Romero Total—38
Cheek Hollis Schedler NAYS
Cravins Irons Smith
Dardenne Jackson Theunissen Total—0
Duplessis Jones Ullo ABSENT
Dupre Kostelka
Total—38 Cain
NAYS Total—1
Total—0 The Chair declared the bill was passed. The title was read and
ABSENT adopted. Senator Mount moved to reconsider the vote by which the
bill was passed and laid the motion on the table.
Cain
Total—1 HOUSE BILL NO. 402—
BY REPRESENTATIVE FLAVIN
The Chair declared the bill was passed. The title was read and AN ACT
adopted. Senator Malone moved to reconsider the vote by which the To amend and reenact Code of Criminal Procedure Article 734(C),
bill was passed and laid the motion on the table. relative to subpoenas; to authorize service of subpoenas by
investigators employed by district attorneys; and to provide for
HOUSE BILL NO. 1125— related matters.
BY REPRESENTATIVE DAMICO
AN ACT The bill was read by title. Senator Theunissen moved the final
To enact R.S. 40:4.12, relative to sanitation; to provide for alternative passage of the bill.
methods of identification of potable and nonpotable water
distribution equipment, piping, and outlets; to provide for a ROLL CALL
qualifying potable water distribution plan; and to provide for
related matters. The roll was called with the following result:
On motion of Senator Bajoie, the bill was read by title and YEAS
returned to the Calendar, subject to call.
Mr. President Ellington Lentini
Adley Fields Malone
928
28th DAY'S PROCEEDINGS Page 35 SENATE
May 19, 2004
Amedee Fontenot Marionneaux Cain
Bajoie Gautreaux, B McPherson Total—1
Barham Gautreaux, N Michot The Chair declared the bill was passed. The title was read and
Boasso Hainkel Mount adopted. Senator Bajoie moved to reconsider the vote by which the
Boissiere Heitmeier Nevers bill was passed and laid the motion on the table.
Chaisson Holden Romero
Cheek Hollis Schedler HOUSE BILL NO. 811—
Cravins Irons Smith BY REPRESENTATIVE HAMMETT
Dardenne Jackson Theunissen AN ACT
Duplessis Jones Ullo To amend and reenact R.S. 32:1510(A)(3), relative to hazardous
Dupre Kostelka materials transportation; to exempt oil transporters from
Total—38 reporting certain incidents to the office of state police; and to
NAYS provide for related matters.
Total—0 The bill was read by title. Senator Fontenot moved the final
ABSENT passage of the bill.
Cain ROLL CALL
Total—1
The roll was called with the following result:
The Chair declared the bill was passed. The title was read and
adopted. Senator Theunissen moved to reconsider the vote by which YEAS
the bill was passed and laid the motion on the table.
Mr. President Ellington Malone
HOUSE BILL NO. 663— Adley Fields Marionneaux
BY REPRESENTATIVE WINSTON Amedee Fontenot McPherson
AN ACT Bajoie Gautreaux, B Michot
To amend and reenact R.S. 15:587(A)(2), relative to the Louisiana Barham Gautreaux, N Mount
Bureau of Criminal Identification and Information; to require the Boasso Heitmeier Nevers
bureau to make available to the Department of Social Services Boissiere Holden Romero
criminal history record information on certain persons; to Chaisson Hollis Schedler
provide the department the authority to receive criminal history Cheek Irons Smith
record information; and to provide for related matters. Cravins Jackson Theunissen
Dardenne Jones Ullo
The bill was read by title. Senator Bajoie moved the final Duplessis Kostelka
passage of the bill. Dupre Lentini
Total—37
ROLL CALL NAYS
The roll was called with the following result: Total—0
ABSENT
YEAS
Cain Hainkel
Mr. President Ellington Lentini Total—2
Adley Fields Malone
Amedee Fontenot Marionneaux The Chair declared the bill was passed. The title was read and
Bajoie Gautreaux, B McPherson adopted. Senator Fontenot moved to reconsider the vote by which
Barham Gautreaux, N Michot the bill was passed and laid the motion on the table.
Boasso Hainkel Mount
Boissiere Heitmeier Nevers HOUSE BILL NO. 1220—
Chaisson Holden Romero B Y REPRESENTATIVES THOMPSON, BRUCE, CAZAYOUX,
DOWNS, FANNIN, FRITH, M. GUILLORY, HILL, MORRISH, ST.
Cheek Hollis Schedler GERMAIN, AND STRAIN AND SENATOR SMITH
Cravins Irons Smith AN ACT
Dardenne Jackson Theunissen To enact Part III of Chapter 4-A of Title 3 of the Louisiana Revised
Duplessis Jones Ullo Statutes of 1950, to be comprised of R.S. 3:331 through 333,
Dupre Kostelka relative to rural development; to create the Louisiana Center for
Total—38 Rural Initiatives; to provide for the powers, duties, and
NAYS functions of the center; to provide relative to implementation;
and to provide for related matters.
Total—0
ABSENT
929
Page 36 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
Floor Amendments Sent Up ROLL CALL
Senator Cravins sent up floor amendments which were read. The roll was called with the following result:
SENATE FLOOR AMENDMENTS YEAS
Amendments proposed by Senator Cravins to Reengrossed House Mr. President Ellington Lentini
Bill No. 1220 by Representative Thompson Adley Fields Malone
Amedee Fontenot Marionneaux
AMENDMENT NO. 1 Bajoie Gautreaux, B McPherson
On page 1, line 15, after “Center” insert “and the Southern University Barham Gautreaux, N Michot
Agricultural Research and Extension Center” Boasso Hainkel Mount
Boissiere Heitmeier Nevers
Chaisson Holden Romero
AMENDMENT NO. 2 Cheek Hollis Schedler
On page 1, delete lines 19 and 20 and insert the following: Cravins Irons Smith
“A. There is hereby created as a consortium initiative, between Dardenne Jackson Theunissen
the Lousisiana State University Agricultural Center and the Southern Duplessis Jones Ullo
University Agricultural Research and Extension, hereinafter referred Dupre Kostelka
to as the” Total—38
NAYS
AMENDMENT NO. 3
On page 2, line 9, after “enhance the” delete the remainder of the line Total—0
and insert “ability of the Louisiana State University Agricultural ABSENT
Center and the Southern University Agricultural Research and
Extension Center” Cain
Total—1
AMENDMENT NO. 4
On page 2, line 11, after “within Louisiana” delete “and Louisiana The Chair declared the amended bill was passed. The title was
State University” and insert “, Louisiana State University and read and adopted. Senator Barham moved to reconsider the vote by
Southern University” which the bill was passed and laid the motion on the table.
AMENDMENT NO. 5 HOUSE BILL NO. 1244—
On page 3, line 1, after “housed” delete “at the” and insert “in Baton BY REPRESENTATIVE TRICHE
Rouge at either the” AN ACT
To enact R.S. 14:102.19, relative to offenses affecting the public
AMENDMENT NO. 6 sensibility; to create the crime of hog and canine fighting; to
On page 3, line 2, after “Center” insert “or the Southern University provide for exceptions; to provide for penalties; to provide for
Agricultural Rsearch and Extension Center” definitions; and to provide for related matters.
AMENDMENT NO. 7 Floor Amendments Sent Up
On page 3, line 5, delete “system.” and insert “and Southern
University systems.” Senator Chaisson sent up floor amendments which were read.
AMENDMENT NO. 8 SENATE FLOOR AMENDMENTS
On page 3, line 7, after “team” and before the period “.” insert “, in
conjunction with staff of the Southern University Agricultural Amendments proposed by Senator Chaisson to Reengrossed House
Research and Extension Center” Bill No. 1244 by Representative Triche
AMENDMENT NO. 9 AMENDMENT NO. 1
On page 3, line 11, after “Center” insert “or the Southern University Delete Senate Committee Amendment Nos. 1 and 2 in the set of
Agricultural Research and Extension Center” amendments proposed by the Senate Committee on Judiciary C and
adopted by the Senate on May 12, 2004.
On motion of Senator Cravins, the amendments were adopted.
AMENDMENT NO. 2
The bill was read by title. Senator Barham moved final passage On page 2, line 7, after "with" and before "or the" delete "dogs" and
of the amended bill. insert "canines"
AMENDMENT NO. 3
On page 2, at the end of line 8, after "livestock" delete the period "."
and insert "or the private training of canines for the purposes
930
28th DAY'S PROCEEDINGS Page 37 SENATE
May 19, 2004
enumerated in this Subsection provided that such training is Called from the Calendar
conducted in the field and is not in violation of the provisions of
Subsection A of this Section." Senator N. Gautreaux asked that House Bill No. 203 be called
from the Calendar at this time for its final passage.
AMENDMENT NO. 4
On page 2, delete line 13 in its entirety and add HOUSE BILL NO. 203—
"G. For the purposes of this Section: BY REPRESENTATIVE FRITH
(1) "Hog" shall include a pig, swine, or boar. AN ACT
(2) "Person" means an individual, corporation, partnership, To authorize and provide for the transfer of certain state property in
trust, firm, association or other legal entity. " Vermilion Parish to the Vermilion Parish Police Jury; and to
provide for related matters.
On motion of Senator Chaisson, the amendments were adopted.
The bill was read by title. Senator N. Gautreaux moved the final
The bill was read by title. Senator Chaisson moved final passage passage of the bill.
of the amended bill.
ROLL CALL
ROLL CALL
The roll was called with the following result:
The roll was called with the following result:
YEAS
YEAS
Mr. President Ellington Lentini
Mr. President Dupre Lentini Adley Fields Malone
Adley Ellington Malone Amedee Fontenot Marionneaux
Amedee Fields Marionneaux Bajoie Gautreaux, B McPherson
Bajoie Gautreaux, B Michot Barham Gautreaux, N Michot
Barham Gautreaux, N Mount Boasso Hainkel Mount
Boissiere Hainkel Nevers Boissiere Heitmeier Nevers
Chaisson Heitmeier Romero Chaisson Holden Romero
Cheek Holden Schedler Cheek Hollis Schedler
Cravins Hollis Smith Cravins Irons Smith
Dardenne Jackson Theunissen Dardenne Jackson Theunissen
Duplessis Jones Ullo Duplessis Jones Ullo
Total—33 Dupre Kostelka
NAYS Total—38
NAYS
Total—0
Total—0
ABSENT
ABSENT
Cain
Boasso Fontenot Kostelka Total—1
Cain Irons McPherson
Total—6 The Chair declared the bill was passed. The title was read and
adopted. Senator N. Gautreaux moved to reconsider the vote by
The Chair declared the amended bill was passed. The title was which the bill was passed and laid the motion on the table.
read and adopted. Senator Chaisson moved to reconsider the vote by
which the bill was passed and laid the motion on the table. Rules Suspended
Rules Suspended Senator Schedler asked for and obtained a suspension of the rules
for the purpose of taking up at this time.
Senator N. Gautreaux asked for and obtained a suspension of the
rules for the purpose of advancing to the order of Senate Bills and Joint Resolutions on
Third Reading and Final Passage,
House Bills and Joint Resolutions on Subject to Call
Third Reading and Final Passage,
Subject to Call The following Senate Bills and Joint Resolutions on third reading
and final passage, subject to call, were taken up and acted upon as
The followingHouse Bills and Joint Resolutions on third reading follows:
and final passage, subject to call, were taken up and acted upon as
follows:
931
Page 38 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
Called from the Calendar Message from the House
Senator Schedler asked that Senate Bill No. 288 be called from CONCURRING IN
the Calendar at this time for its final passage. SENATE CONCURRENT RESOLUTIONS
SENATE BILL NO. 288— May 19, 2004
BY SENATOR SCHEDLER
AN ACT To the Honorable President and Members of the Senate:
To enact R.S. 47:322.37(B)(3), relative to the St. Tammany Parish
Tourist and Convention Commission; to provide for the I am directed to inform your honorable body that the House of
distribution of certain funds appropriated to the commission; to Representatives has finally concurred in the following Senate
provide for an effective date; and to provide for related matters. Concurrent Resolutions:
The bill was read by title. Senator Schedler moved the final SENATE CONCURRENT RESOLUTION NO. 111—
passage of the bill. BY SENATOR ELLINGTON
A CONCURRENT RESOLUTION
ROLL CALL To urge and request the governor to support the Sea Point container
transfer facility project.
The roll was called with the following result:
Reported without amendments.
YEAS
Respectfully submitted,
Mr. President Ellington Lentini ALFRED W. SPEER
Adley Fields Malone Clerk of the House of Representatives
Amedee Fontenot Marionneaux
Bajoie Gautreaux, B McPherson Message from the House
Barham Gautreaux, N Michot
Boasso Hainkel Mount PASSED SENATE BILLS AND
Boissiere Heitmeier Nevers JOINT RESOLUTIONS
Chaisson Holden Romero
Cheek Hollis Schedler May 19, 2004
Cravins Irons Smith
Dardenne Jackson Theunissen To the Honorable President and Members of the Senate:
Duplessis Jones Ullo
Dupre Kostelka I am directed to inform your honorable body that the House of
Total—38 Representatives has finally passed the following Senate Bills and
NAYS Joint Resolutions:
Total—0 SENATE BILL NO. 638—
ABSENT BY SENATORS BAJOIE AND HOLDEN
AN ACT
Cain To amend and reenact Children's Code Art. 610(A) and (E), relative
Total—1 to child abuse mandatory reporting procedure; to permit
reporting to both the local child protection unit and the local or
The Chair declared the bill was passed. The title was read and state law enforcement agency; to provide relative to cases which
adopted. Senator Schedler moved to reconsider the vote by which the are reported in error; to require that such cases be reported to
bill was passed and laid the motion on the table. the appropriate agency; and to provide for related matters.
Reported without amendments.
Rules Suspended
SENATE BILL NO. 112—
Senator Jackson asked for and obtained a suspension of the rules BY SENATOR HOLLIS
for the purpose of reverting to the Morning Hour. AN ACT
To amend and reenact R.S. 13:3881(D)(3), relative to judicial
Messages from the House procedure; to provide for certain exemptions from seizure by
creditors; and to provide for related matters.
The following Messages from the House were received and read
as follows: Reported without amendments.
932
28th DAY'S PROCEEDINGS Page 39 SENATE
May 19, 2004
SENATE BILL NO. 466— to be placed with certain federally insured financial institutions;
BY SENATOR FONTENOT and to provide for related matters.
AN ACT
To amend and reenact R.S. 40:1376(F), relative to employees of the Reported without amendments.
Department of Environmental Quality who are commissioned
by the office of state police; to prohibit the duplication of SENATE BILL NO. 841—
badges; and to provide for related matters. BY SENATOR ELLINGTON AND REPRESENTATIVE QUEZAIRE
AN ACT
Reported without amendments. To amend and reenact R.S. 48:250.2(A), (C), and (D), to enact R.S.
48:250.3, and to repeal R.S. 48:250.2(B), relative to contracts let
SENATE BILL NO. 268— by the Department of Transportation and Development; to
BY SENATOR ULLO provide relative to design-build contracts; to remove certain
AN ACT limitations of the design-build program; to authorize the
To amend and reenact R.S. 8:465(A)(1)(a) and (3), and to repeal R.S. department to construct a certain project included in the
8:465(A)(4)(g), relative to trust funds; to include additional Transportation Infrastructure Model for Economic
persons in the prohibition against being the recipient of loans or Development program usingthe design-build method; to provide
investments from any perpetual trust; to prohibit any relative to procedures regarding the design-build method; and to
remuneration to certain persons in connection with the loan or provide for related matters.
investment of any trust account; and to provide for related
matters. Reported without amendments.
Reported without amendments. Respectfully submitted,
ALFRED W. SPEER
SENATE BILL NO. 609— Clerk of the House of Representatives
BY SENATORS BAJOIE AND HOLDEN
AN ACT
To amend and reenact Ch.C. Art. 610(B)(8) and (D) and to enact Introduction of Resolutions,
Ch.C. Art. 610(B)(9), relative to child abuse reporting; to require Senate and Concurrent
that additional information be included in child abuse reports; to
require the Department of Social Services to provide an optional Senator Bajoie asked for and obtained a suspension of the rules
written form for mandatory reporting; to provide for an effective for the purpose of introducing and reading the following Resolutions,
date; and to provide for related matters. Senate and Concurrent, a first and second time and acting upon them
as follows:
Reported without amendments.
SENATE RESOLUTION NO. 89—
SENATE BILL NO. 706— BY SENATOR HOLDEN
BY SENATOR HOLLIS A RESOLUTION
AN ACT To commend Whitney Renee' Ross on being debutante maid-elect of
To amend and reenact R.S. 9:3573.4(A) and (B) and to repeal R.S. the Baton Rouge Delta Alumnae Chapter of Delta Sigma Theta
9:3573.2(B)(1) and 3573.14(B), relative to the Credit Repair Sorority, Incorporated.
Services Organization Act; to remove exemptions for certain
corporations and associations; to provide for bonding; and to On motion of Senator Holden, the resolution was read by title
provide for related matters. and adopted.
Reported without amendments. SENATE RESOLUTION NO. 90—
BY SENATOR JONES
A RESOLUTION
SENATE BILL NO. 200—
BY SENATOR BARHAM To adopt Senate Rule No. 4.4 of the Rules of Order of the Senate,
AN ACT relative to employees, to provide for a Senate staff person to do
To amend and reenact R.S. 40:1662.3(26) and (27) and intergovernmental policy research.
1662.8(B)(2)(g) and (h), relative to public health and safety; to
provide for a license exemption for certain locksmiths; and to On motion of Senator Jones, the resolution was referred to the
provide for related matters. Committee on Senate and Governmental Affairs.
Reported without amendments. SENATE CONCURRENT RESOLUTION NO. 117—
BY SENATOR FIELDS
A CONCURRENT RESOLUTION
SENATE BILL NO. 281—
BY SENATOR ULLO To urge and request the Department of Revenue to audit claims for
AN ACT credits, refunds, and rebates made by businesses and employers
To amend and reenact R.S. 8:459.1(B), 502(E), 509 and 510(B)(2), pursuant to the Enterprise Zone and Quality Jobs Programs.
relative to perpetual care trust funds; to provide for the manner
in which a trustee administers trusts and require such trust funds On motion of Senator Bajoie, the resolution was read by title and
referred to the Committee on Revenue and Fiscal Affairs.
933
Page 40 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
SENATE CONCURRENT RESOLUTION NO. 118— Message from the House
BY SENATOR DARDENNE
A CONCURRENT RESOLUTION ASKING CONCURRENCE IN
To express the sincere and heartfelt condolences of the Legislature of
HOUSE BILLS AND JOINT RESOLUTIONS
Louisiana upon the death of William Kenneth "Bill" Carville,
husband, son, brother, Vietnam Veteran, Army Reservist, May 19, 2004
corrections veteran, and friend.
To the Honorable President and Members of the Senate:
The resolution was read by title; lies over under the rules.
I am directed to inform your honorable body that the House of
SENATE CONCURRENT RESOLUTION NO. 119—
BY SENATOR HAINKEL Representatives has finally passed and asks your concurrence in the
A CONCURRENT RESOLUTION following House Bills and Joint Resolutions:
To express the sincere and heartfelt condolences of the Legislature of
Louisiana on the death of Walter F. Marcus, Jr., retired justice HOUSE BILL NO. 6—
BY REPRESENTATIVE FAUCHEUX
of the Louisiana Supreme Court. AN ACT
To enact R.S. 17:85.5, relative to naming a gymnasium; to authorize
The resolution was read by title. Senator Hainkel moved to the parish school board in certain parishes to name a gymnasium
adopt the Senate Concurrent Resolution. in honor of a former school board member; to provide
limitations; and to provide for related matters.
ROLL CALL
HOUSE BILL NO. 1706 (Substitute for House Bill No. 44 by
The roll was called with the following result: Representative Lambert)—
BY REPRESENTATIVE LAMBERT
YEAS AN ACT
To amend and reenact R.S. 15:255(A)(1), (E)(1), (G), (H), and (I) and
Mr. President Ellington Lentini to enact R.S. 15:255(A)(4), (E)(5), and (J); relative to witness
Adley Fields Malone fees paid to off-duty law enforcement officers; to increase the
Amedee Fontenot Marionneaux amount of witness fees paid to off-duty law enforcement
Bajoie Gautreaux, B McPherson officers; to require the law enforcement officer to provide
Barham Gautreaux, N Michot documentation; to require the municipal and parish governing
Boasso Hainkel Mount authority to timely transmit the fee to the law enforcement
Boissiere Heitmeier Nevers officer; to prohibit an officer from receiving the fee if he has
Chaisson Holden Romero received certain federal compensation; to not prohibit the
Cheek Hollis Schedler governing authority of a parish or municipality from entering
Cravins Irons Smith into a cooperative endeavor agreement; to not require a parish
Dardenne Jackson Theunissen or municipal governing authority to appropriate general fund
Duplessis Jones Ullo monies for the payment of the fee; and to provide for related
Dupre Kostelka matters.
Total—38
NAYS HOUSE BILL NO. 1704 (Substitute for House Bill No. 23 by
Representative Faucheux)—
Total—0 BY REPRESENTATIVES TOWNSEND AND FAUCHEUX
ABSENT AN ACT
To amend and reenact R.S. 26:73(G) and 272(G), relative to the
Cain issuance of certain alcoholic beverage permits for a restaurant
Total—1 located in a specified location; requires the issuance of a Class A
Retail Liquor Permit and a Class "R" permit for alcohol of a high
The Chair declared the Senate had adopted the Senate and low content for a restaurant located in a specified historic
Concurrent Resolution and ordered it sent to the House. area; and to provide for related matters.
HOUSE BILL NO. 292—
Messages from the House BY REPRESENTATIVE DORSEY
AN ACT
The following Messages from the House were received and read To enact R.S. 15:831(E), relative to medical care of inmates; to
as follows: require the secretary of the Department of Public Safety and
Corrections to adopt rules for the monitoring of diets of inmates
diagnosed with a medical condition or disease; and to provide for
related matters.
934
28th DAY'S PROCEEDINGS Page 41 SENATE
May 19, 2004
HOUSE BILL NO. 129— HOUSE BILL NO. 899—
BY REPRESENTATIVES ANSARDI AND LANCASTER BY REPRESENTATIVE GALLOT
AN ACT AN ACT
To amend and reenact R.S. 9:5166, relative to judgments; to provide To amend and reenact R.S. 17:3390(B)(introductory paragraph), (2),
for the partial cancellation of judgments; to provide for the filing and (3) and (D), relative to nonprofit corporations which
of an affidavit; and to provide for related matters. support public higher education institutions; to provide that the
definition of a nonprofit corporation that is not public or quasi
HOUSE BILL NO. 899— public includes certain nonprofit corporations whose primary
BY REPRESENTATIVE GALLOT purpose is to finance the design, construction, renovation, or
AN ACT equipping of facilit ies; to provide relative to auditing of such
To amend and reenact R.S. 17:3390(B)(introductory paragraph), (2), nonprofit corporations; and to provide for related matters.
and (3) and (D), relative to nonprofit corporations which
support public higher education institutions; to provide that the The bill was read by title; lies over under the rules.
definition of a nonprofit corporation that is not public or quasi
public includes certain nonprofit corporations whose primary HOUSE BILL NO. 1704 (Substitute for House Bill No. 23 by
purpose is to finance the design, construction, renovation, or Representative Faucheux)—
equipping of facilit ies; to provide relative to auditing of such BY REPRESENTATIVES TOWNSEND AND FAUCHEUX
nonprofit corporations; and to provide for related matters. AN ACT
To amend and reenact R.S. 26:73(G) and 272(G), relative to the
Respectfully submitted, issuance of certain alcoholic beverage permits for a restaurant
ALFRED W. SPEER located in a specified location; requires the issuance of a Class A
Clerk of the House of Representatives Retail Liquor Permit and a Class "R" permit for alcohol of a high
and low content for a restaurant located in a specified historic
House Bills and Joint Resolutions area; and to provide for related matters.
on First Reading
The bill was read by title; lies over under the rules.
The following House Bills and Joint Resolutions were read a
first time by their titles and placed on the Calendar for their second HOUSE BILL NO. 1706 (Substitute for House Bill No. 44 by
reading: Representative Lambert)—
BY REPRESENTATIVE LAMBERT
AN ACT
HOUSE BILL NO. 6—
BY REPRESENTATIVE FAUCHEUX To amend and reenact R.S. 15:255(A)(1), (E)(1), (G), (H), and (I) and
AN ACT to enact R.S. 15:255(A)(4), (E)(5), and (J); relative to witness
To enact R.S. 17:85.5, relative to naming a gymnasium; to authorize fees paid to off-duty law enforcement officers; to increase the
the parish school board in certain parishes to name a gymnasium amount of witness fees paid to off-duty law enforcement
in honor of a former school board member; to provide officers; to require the law enforcement officer to provide
limitations; and to provide for related matters. documentation; to require the municipal and parish governing
authority to timely transmit the fee to the law enforcement
The bill was read by title; lies over under the rules. officer; to prohibit an officer from receiving the fee if he has
received certain federal compensation; to not prohibit the
HOUSE BILL NO. 129— governing authority of a parish or municipality from entering
BY REPRESENTATIVES ANSARDI AND LANCASTER into a cooperative endeavor agreement; to not require a parish
AN ACT or municipal governing authority to appropriate general fund
To amend and reenact R.S. 9:5166, relative to judgments; to provide monies for the payment of the fee; and to provide for related
for the partial cancellation of judgments; to provide for the filing matters.
of an affidavit; and to provide for related matters.
The bill was read by title; lies over under the rules.
The bill was read by title; lies over under the rules.
Reports of Committees
HOUSE BILL NO. 292—
BY REPRESENTATIVE DORSEY
The following reports of committees were received and read:
AN ACT
To enact R.S. 15:831(E), relative to medical care of inmates; to
REPORT OF COMMITTEE ON
require the secretary of the Department of Public Safety and
Corrections to adopt rules for the monitoring of diets of inmates
diagnosed with a medical condition or disease; and to provide for HEALTH AND WELFARE
related matters.
Senator McPherson, Chairman on behalf of the Committee on
The bill was read by title; lies over under the rules. Health and Welfare, submitted the following report:
May 19, 2004
To the President and Members of the Senate:
935
Page 42 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
I am directed by your Committee on Health and Welfare to SENATE BILL NO. 843—
submit the following report: BY SENATOR AMEDEE
AN ACT
SENATE BILL NO. 446— To amend and reenact R.S. 46:285(A)(2) and to enact R.S.
BY SENATOR JACKSON 46:285(A)(6), relative to child protection and foster care
AN ACT workers; to provide that such workers shall be trained in specific
To amend and reenact R.S. 46:153.3(D)(5) and to enact R.S. legal provision; and to provide for related matters.
46:153.3(D)(5)(f), relative to the Medicaid Drug Program; to
provide for duties and responsibilities of the Medicaid Reported with amendments.
Pharmaceutical and Therapeutics Committee; and to provide for
related matters. HOUSE CONCURRENT RESOLUTION NO. 42—
BY REPRESENTATIVE SHEPHERD
Reported with amendments. A CONCURRENT RESOLUTION
To urge and request the office of family support, support
SENATE BILL NO. 607— enforcement services, Department of Social Services to study all
BY SENATOR CHAISSON aspects relating to the treatment of subsequent children in child
AN ACT support awards and make specific recommendations for
To enact R.S. 37:930(G), relative to health care providers; to provide legislation.
with respect to the authority to administer anesthetic to
persons; and to provide for related matters. Reported with amendments.
Reported with amendments. HOUSE BILL NO. 699—
BY REPRESENTATIVE DURAND
SENATE BILL NO. 689— AN ACT
BY SENATOR JACKSON To enact R.S. 13:3715.1(B)(6), relative to medical or hospital records;
AN ACT to provide for records related to substance or alcohol abuse,
To amend and reenact R.S. 46:153.3(B)(2)(b) and to enact R.S. education, training, treatment, rehabilitation, or research; and to
46:153.3(B)(2)(a)(vi) and 153.3(B)(2)(e)(i) and (ii), relative to provide for related matters.
the medical assistance drug program; to provide for the
utilization of a prior approval process and criteria related Reported favorably.
thereto; to provide for rulemaking; to provide for an annual
report to the legislature and governor; and to provide for related HOUSE BILL NO. 878—
matters. BY REPRESENTATIVE DURAND
AN ACT
Reported with amendments. To enact R.S. 46:56(B)(3), relative to client case records; to provide
for the Department of Social Services' authorization to share
SENATE BILL NO. 808— access; and to provide for related matters.
BY SENATOR HINES
AN ACT Reported favorably.
To enact R.S. 40:1300.143(3)(d), relative to the rural hospital
preservation act; to require certification by the Rural Hospital HOUSE BILL NO. 1228—
Coalition, Inc., as a prerequisite to being designated as a rural BY REPRESENTATIVE DURAND
hospital; and to provide for related matters. AN ACT
To amend and reenact R.S. 40:1232.6(introductory paragraph) and
Reported with amendments. 1300.51(3) and (5) and R.S. 44:9(F) and (G) and to enact R.S.
40:1300.51(2)(h), relative to emergency medical personnel; to
SENATE BILL NO. 828— provide grounds for disciplinary proceedings; to modify
BY SENATOR HOLDEN definitions; to provide for records of violations of municipal
AN ACT ordinances and of state statutes classified as a misdemeanor or
To enact R.S. 28:381(48), (49), (50), and (51) and Part VII of felony; and to provide for related matters.
Chapter 4 of Title 28 of the Louisiana Revised Statutes of 1950,
to be comprised of R.S. 28:450 through 453, relative to the Reported favorably.
compensation of community direct service workers; to provide
for a study request on the elimination of the disparity between HOUSE BILL NO. 1285—
the compensation of those workers and comparable workers; to BY REPRESENTATIVES JEFFERSON, BROOME, BURNS, CURTIS,
GLOVER, GRAY, E. GUILLORY, M. GUILLORY, LABRUZZO,
provide for definitions, rules, and administration; and to provide MCDONALD, AND STRAIN
for related matters. AN ACT
To amend and reenact R.S. 40:1299.1(B), relative to testing of
Reported with amendments. newborns; to require the Department of Health and Hospitals to
increase the number of tests required on newborns; and to
provide for related matters.
Reported favorably.
936
28th DAY'S PROCEEDINGS Page 43 SENATE
May 19, 2004
HOUSE BILL NO. 1543— SENATE BILL NO. 611—
BY REPRESENTATIVE BRUNEAU BY SENATOR JACKSON
AN ACT AN ACT
To amend and reenact R.S. 40:1236.13(A)(3)(a) and 1236.14, relative To enact R.S. 44:3(I) and (J), relative to public records; to provide for
to automated external defibrillators; to authorize the use of open records of law enforcement in certain cases; and to provide
automated external defibrillators by private security personnel; for related matters.
and to provide for related matters.
Reported with amendments.
Reported with amendments.
HOUSE BILL NO. 178—
Respectfully submitted, BY REPRESENTATIVE MURRAY
JOE MCPHERSON AN ACT
Chairman To amend and reenact R.S. 18:423(C), relative to the composition of
parish boards of election supervisors; to remove provisions
REPORT OF COMMITTEE ON relative to the membership of the parish board of election
supervisors in a particular parish; to provide for similar
membership in all parish boards of election supervisors; and to
SENATE AND GOVERNMENTAL AFFAIRS provide for related matters.
Senator Jones, Chairman on behalf of the Committee on Senate
Reported favorably.
and Governmental Affairs, submitted the following report:
HOUSE BILL NO. 217—
May 19, 2004 BY REPRESENTATIVES MARTINY AND DAMICO AND SENATORS
BOSSIERE AND ULLO
To the President and Members of the Senate: AN ACT
To enact R.S. 44:4(40), relative to records of public bodies; to exempt
I am directed by your Committee on Senate and Governmental certain records pertaining to security systems and features,
Affairs to submit the following report: interior layouts of residences, and certain proprietary
information submitted to obtain individual buildingpermits from
SENATE BILL NO. 475— public records laws; and to provide for related matters.
BY SENATOR DARDENNE
AN ACT Reported favorably.
To repeal R.S. 42:1123(13), relative to public officers and employees;
to repeal provisions relative to an elected official’s ability to HOUSE BILL NO. 409—
receive certain gifts; and to provide for related matters. BY REPRESENTAT IVES DAMICO, ANSARDI, LANCASTER,
MARTINY, AND TOOMY AND SENATORS BOISSIERE, LENTINI,
AND ULLO
Reported with amendments. AN ACT
To enact R.S. 13:5112.1, relative to the production of documents by
SENATE BILL NO. 571— governmental entities; to provide relative to subpoena duces
BY SENATOR JACKSON
AN ACT tecum; to provide for the reimbursement of costs incurred; to
To amend and reenact R.S. 40:2532, relative to law enforcement; to provide for disputes of the costs incurred; to provide for
provide for an exception to the release of personal information; procedures; to provide for service and delays for production; to
and to provide for related matters. provide for a definition of "governmental entity"; to provide for
applicability to the present laws of discovery and evidence; and
Reported with amendments. to provide for related matters.
SENATE BILL NO. 579— Reported with amendments.
BY SENATOR JONES
AN ACT HOUSE BILL NO. 492—
To enact R.S. 44:22, relative to public records; to exempt certain BY REPRESENTATIVE WRIGHT
records pertaining to negotiations relative to economic AN ACT
development activities from the laws relative to public records To amend and reenact R.S. 44:31(B) and 32(C)(1)(d), relative to
until negotiations are concluded; to provide for certain public records; to allow persons under the age of majority to
determinations by a custodian; to exempt certain trade secrets or receive a copy or reproduction of a public record; and to provide
proprietary, commercial, or financial information from the laws for related matters.
relative to public records; and to provide for related matters.
Reported favorably.
Reported with amendments.
937
Page 44 SENATE 28th DAY'S PROCEEDINGS
May 19, 2004
HOUSE BILL NO. 608— certain transactions; to increase the population size of the
BY REPRESENTATIVES JACK SMITH AND PIERRE municipalities included in the exception; and to provide for
AN ACT related matters.
To repeal Chapter 5 of Title 56 of the Louisiana Revised Statutes of
1950, comprised of R.S. 56:1621 through 1623, relative to Reported favorably.
employees of the Wildlife and Fisheries Commission; to repeal
the prohibition on exploitation of natural resources by such Respectfully submitted,
employees; and to provide for related matters. CHARLES D. JONES
Chairman
Reported favorably.
Rules Suspended
HOUSE BILL NO. 1160—
BY REPRESENTATIVE ALARIO
AN ACT Senator Bajoie asked for and obtained a suspension of the rules
To enact R.S. 33:423.14 and 2569, relative to the police department for the purpose of recalling Senate Bill No. 408 from the Committee
in certain municipalities; to provide that the position of assistant on Finance.
police chief shall be in the unclassified service; to provide for the
appointment and duties of such person; and to provide for SENATE BILL NO. 408—
BY SENATOR BAJOIE
related matters. AN ACT
To enact R.S. 36: 259(II) and 919.7 and Part LXI of Chapter 5 of
Reported favorably.
Title 40 of the Louisiana Revised Statutes of 1950, to be
comprised of R.S. 40:1300.231 through 1300.233, relative to
HOUSE BILL NO. 1388—
BY REPRESENTATIVES ALARIO AND SALTER AND SENATORS women's health; to create the Women's Health Commission; to
HEITMEIER AND HINES provide for the membership, filling of vacancies, meetings,
AN ACT compensation, domicile, election of officers, powers and duties,
To amend and reenact R.S. 42:455(A)(2)(b), relative to payroll and termination; and to provide for related matters.
deductions; to provide payroll deductions for certain domestic
companies; to provide for an effective date; and to provide for On motion of Senator Bajoie, the bill was read by title and
related matters. passed to a third reading.
Reported favorably. Message to the Governor
HOUSE BILL NO. 1501—
BY REPRESENTATIVE ALARIO SIGNED SENATE BILLS
AN ACT
To enact R.S. 33:4712.10, relative to naming an administrative May 19, 2004
building; to authorize the parish governing authority in certain
parishes to name an administrative building in honor of a former To the Honorable Governor of the State of Louisiana:
parish president; to provide limitations; and to provide for
related matters. The President of the Senate and the Speaker of the House of
Representatives have signed the following Senate Bill:
Reported favorably.
SENATE BILL NO. 690—
BY SENATORS HINES, JACKSON, BAJOIE, N. GAUTREAUX,
HOUSE BILL NO. 1512— MCPHERSON, SCHEDLER AND HOLDEN, AND REPRESENTATIVES
BY REPRESENTATIVE ALARIO ALARIO, ANSARDI, ARNOLD, BADON, BALDONE, BAUDOIN,
AN ACT BAYLOR, BROOME, BRUCE, BURRELL, K. CARTER, R. CARTER,
To enact R.S. 33:4712.10, relative to naming an entryway or entry CAZAYOUX, CROWE, CURTIS, DAMICO, DANIEL, DARTEZ,
DOERGE, DORSEY, DOVE, DOWNS, DURAND, ERDEY, FANNIN,
plaza to parish administrative buildings; to authorize the parish FAUCHEUX, FRITH, FUTRELL, GLOVER, GRAY, E. GUILLORY, M.
governing authority in certain parishes to name a common GUILLORY, HAMMETT, HEBERT, HILL, HONEY, HUNTER,
HUTTER, JACKSON, JEFFERSON, JOHNS, KATZ, KENNEY,
entryway or plaza for parish administrative buildings in honor LAMBERT, MARCHAND, MARTINY, MCDONALD,
of a former parish councilman; to provide limitations; and to MONTGOMERY, MORRELL, MURRAY, ODINET, PIERRE, PITRE,
M. POWELL, T. POWELL, QUEZAIRE, RICHMOND, RITCHIE,
provide for related matters. ROMERO, SALTER, SHEPHERD, GARY SMITH, JACK SMITH, JANE
SMITH, ST. GERMAINE, STRAIN, THOMPSON, TOWNSEND,
Reported favorably. TRAHAN, TRICHE, TUCKER, WALKER, WALSWORTH, WHITE,
WOOTON AND WRIGHT
AN ACT
HOUSE BILL NO. 1640— To amend and reenact R.S. 40:1300.133(3) and R.S. 40:2197(D) and
BY REPRESENTATIVE JACK SMITH
to enact Part LXI of Chapter 5 of Title 40 of the Louisiana
AN ACT
To amend and reenact R.S. 42:1123(22)(a), relative to exceptions Revised Statutes of 1950, to be comprised of R.S. 40:1300.222
from ethics laws for elected officials of certain municipalities to through 1300.227, relative to federally qualified health centers
and rural health clinics; to authorize the Department of Health
enter into certain transactions; to provide for a mayor or member
of a governing authority of certain municipalities to enter into and Hospitals to develop and implement a long-term plan to
encourage expansion and development of federally qualified
938
28th DAY'S PROCEEDINGS Page 45 SENATE
May 19, 2004
health centers and rural health clinics; to provide findings; to The President of the Senate declared the Senate adjourned until
provide definitions; to provide for reports to the legislature; to 1:30 o'clock P.M. on Thursday, May 20, 2004.
provide for rules and regulations; and to provide for related
matters. GLENN A. KOEPP
Secretary of the Senate
and they are hereby presented for executive approval.
GAYE F. HAMILTON
Respectfully submitted, Journal Clerk
GLENN A. KOEPP
Secretary of the Senate
Privilege Report of the Committee on
Senate and Governmental Affairs
ENROLLMENTS
Senator Jones, Chairman on behalf of the Committee on Senate
and Governmental Affairs, submitted the following report:
May 19, 2004
To the President and Members of the Senate:
I am directed by your Committee on Senate and Governmental
Affairs to submit the following report:
The following Senate Concurrent Resolution has been properly
enrolled:
SENATE CONCURRENT RESOLUTION NO. 112—
BY SENATORS DARDENNE, ADLEY, AMEDEE, BAJOIE, BARHAM,
BOASSO, BOISSIERE, CAIN, CHAISSON, CHEEK, CRAVINS,
DUPLESSIS, DUPRE, ELLINGTON, FIELDS, FONTENOT, B.
GAUTREAUX, N. GAUTREAUX, HAINKEL, HEITMEIER, HINES,
HOLDEN, HOLLIS, IRONS, JACKSON, JONES, KOSTELKA, LENTINI,
MALONE, MARIONNEAUX, MCPHERSON, MICHOT, MOUNT,
NEVERS, ROMERO, SCHEDLER, SMITH, THEUNISSEN AND ULLO
AND REPRESENTATIVES BROOME, CRANE, DANIEL, DORSEY,
HONEY, JACKSON, KENNARD AND WHITE
A CONCURRENT RESOLUTION
To recognize and commend Baton Rouge strength training and
weightlifting coach, Gayle Hatch on being named as the head
coach of the men's 2004 United States Olympic Weightlifting
Team to be held in Athens, Greece, August 14-25, 2004.
Respectfully submitted,
CHARLES D. JONES
Chairman
The foregoing Senate Concurrent Resolution was signed by the
President of the Senate.
Leaves of Absence
The following leaves of absence were asked for and granted:
Cain 1 Day
Adjournment
Senator Bajoie moved that the Senate adjourn until Thursday,
May 20, 2004, at 1:30 o'clock P.M.
939
